Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 65% - Compensation - Loss of future prospects - Appellant aged about 20 years at the time of accident - He is thus, entitled to loss of future earnings and also entitled to compensation for loss of future prospects @ 40%...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability of 65% - Determination of income - Appellant aged about 20 years working as typist/data entry operator in informal sector, his assertion about earning Rs.12,000 pm cannot be discarded substantially to the extent of bringing it down to 8,000 pm - However, minimum wages for skilled workers would be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Loss of future earning - Appellant survived though at present almost `coma stage' - He was a skilled labourer in a building construction project - Loss of future earning would have to be calculated treating income of appellant to be Rs.3500 p.m to which loss of future prospects @..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Future medical treatment - Appellant required and still requires care giver round clock and round year to remain barely functional - Taking into account the requirement of continued medical treatment post discharge from hospital, Rs.7 lakhs ought to be awarded as lumpsum,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Pain and suffering and loss of amenities - High Court awarded a sum of Rs.10,000 under head of pain and suffering - However, Rs.3 lakh is awarded to appellant under said head - However, considering observations made in Raj Kumar Case, sum of Rs.40,000 as awarded to appellant..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Total compensation - Keeping in view age of appellant and considering various heads under which compensation is awarded, appellant entitled to total compensation of Rs.20,26,800 with interest @ 9% p.a...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Apart from spousal consortium, parental and filial consortium is also payable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of love and affection - Compensation awarded towards loss of consortium - There is no justification to award compensation towards loss of love and affection as a separate head - Award of compensation towards `loss of love and affection', set aside...........
Motor Vehicle Rules, 1989, Rule 115, 116, National Green Tribunal Act, 2010, Section 14, 2(c), 2(m) -- Power of National Green Tribunal - Non-production of Pollution under Control (PUC) Certificate - Penalty of not to supply fuel to vehicles - Tribunal had no power and/or authority and/or jurisdiction to pass orders directing State Government to issue orders, instructions..........
National Green Tribunal Act, 2010, Section 26, 28, Motor Vehicle Rules, 1989, Rule 115, 116 -- Penalty - Failure to comply with an order of Tribunal - Tribunal had no power and/or authority and/or jurisdiction to direct State to deposit Rs.25 crores to secure compliance with its order - In any case such an order should not have been passed in review when initial order did..........
