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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Income of deceased - Deceased was 39 years and was working as Labour Contractor - Deceased cannot be equated with unskilled labourer - Therefore, Tribunal rightly assessed income of deceased as Rs.12000/- p.m...........
Indian Penal Code, 1860, Section 304B, 302, 34 -- Dowry death - Allegation against father-in-law and mother-in-law - Allegation of demand of Rs.50,000/- and a motor cycle are vague in so far as present accused are concerned - PW2 and PW3 have not spoken a word about presence of accused around the time when deceased had died - Independent witnesses not supported prosecution..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in offence u/ss 279, 337, 338 IPC - Vehicle denied to be released on the ground that as on date of accident and alleged involvement of motor cycle, there was no insurance policy standing in the name of owner of motor cycle - Whether vehicle was covered with insurance policy as on..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Assessment of permanent disability - Appellant a 20 year old data entry operator incurred permanent disability i.e loss of his right hand - Disability was assessed to be 89% - However, Tribunal and High Court re-assessed disability to be only 45% on basis that injury entailed loss of only one arm - This approach is..........
