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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Future prospects - Deceased were below 40 years - Future prospects to the tune of 40% must be paid...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband and wife - Total compensation - Considering various heads for awarding compensation and adoption of 17 as age multiplier, total compensation of Rs.33.20 lakhs with 9% interest p.a awarded...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Standard of proof in cases under the Act is one of preponderance of probabilities, rather than beyond reasonable doubt...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Rejection of - Failure of AW3 to report the accident to police - AW3 brought deceased in his car to hospital - It is quite natural that such a person who had accompanied injured to hospital for immediate medical aid, could not have simultaneously gone to police station to lodge FIR - High Court ought not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Rejection of - Non-examination of author of FIR - Owner-cum-driver of car in which deceased was sitting is not only the author of FIR, but instead he is one of contesting respondents in claim petition who along with insurance company, is an interested party with a pecuniary stake in the result of case -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Enhancement of compensation - No effective argument could be raised as to how compensation assessed by Tribunal was inadequate, except claimants entitlement to an increase of 40% towards annual dependency on account of `future prospects' - Appellants are entitled to compensation as awarded by Tribunal besides 40% addition..........
