Motor Vehicles Act, 1988, Section 166 -- Accident - 40% disability - Compensation - Multiplier - Appellant was 34 years of age at the time of accident - Multiplier of 16 is thus, applicable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% disability - Compensation - Future earnings - Appellant was getting a salary of Rs.37,500 as per documents of employment and bank statement - 50% of that amount would have to be taken into account which is 18,750 pm and multiplied by 12 for whole year - Loss of earning power after applying multiplier 16..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Maturity of son - Maturity itself does not disentitle son for compensation, as it depends what is exact age of son...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Keeping in view various factors under which claimants are entitled to compensation, total compensation of Rs.10,51,668 awarded to claimants with 9% interest - However, interest should not be admissible for period of delay which is of 704 days...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Subsequent death of dependent of deceased not a reason for reduction of motor accident compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Future prospects can be granted even in cases pertaining to notional income...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Notional income - No rational distinction can be drawn with respect to granting of future prospects merely on basis that their income was not proved, particularly when Court has determined their notional income...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Calculation of notional income of homemakers - Compensation is to be granted on a pecuniary basis with respect to a homemaker...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Deduction of personal expenses - Four dependents of deceased couple i.e old parents and two toddler girls - In addition to married couple, negligence of driver also extinguished the life of family's third child who was in the womb of deceased at the time of accident - Appropriate deduction for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Assessment of monthly income - Claimants unable to produce any document evidencing income of deceased `V' - But that does not justify adoption of lowest tier of minimum wage while computing his income - Evidence on record shows that deceased `V' was comparatively more educationally qualified..........