Motor Vehicles Act, 1988, Section 166, 163 -- Motor accident - Death - Claim for compensation - As per statement of both claimant and driver of truck accident occurred near divider when scooter of claimant crossed road on which truck was approaching and hit by truck from back - Registration of FIR against truck driver lends further support to issue negligence of driver -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Enhancement of compensation - Permanent disability - Loss of future earning - Claimant was aged about 38 years when the claim petition was filed in year 1999 - Certificate states that claimant have been suffering loss of Rs.6000/- p.m from the year 2006 - Hence, his loss of future earnings would have been to be assessed..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Deceased was 26 years of age, multiplier of 17 was required to be applied and not 16, as done by Tribunal - Even, compensation awarded under other heads are on lower side - Compensation enhanced...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Deceased was aged about 24 years at the time of accident, and thus, multiplier of 18 was to be applied - Number of dependants are six in number therefore deduction towards personal living expenses of deceased should have been 1/4th only and not 1/3rd - Tribunal does not consider..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Contributory Negligence - Death case - Petitioners contending that no evidence on record to establish contributory negligence - Held, it is an undisputed fact that the deceased was coming from an approach road and entering the main road so duty is cast upon the person who is entering the main road to..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Income of deceased asses was Rs.4400/- per month - Held, that Tribunal should have awarded minimum wages prevalent in State - At that time of accident minimum wages for unskilled labour is Rs. 5,350/- p.m. - Amount is enhanced by applying multiplier of 13 - Net result is that the amount awarded by..........
Motor Vehicles Act, 1988, Section 166, 167, Workmen -- Accident - Where employer has taken initiative to compensate his workman u/s.8, then an employee or his legal representatives, has not exercised his right to elect forum of his choice to seek compensation on his/their initiative there would not be any bar to maintain an action under M.V. Act...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Quashing of FIR - Offence u/ss 279, 337 IPC and S.187 of M.V. Act - Compounding of offence - Amicable settlement arrived at between parties - Even if some of the offences constituted in the FIR are no, compoundable yet for securing the ends of..........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of Compensation - Death of `Mare' - Post Mortem report showed value of `Mare' to be Rs.32, 000/- as assessed by Veterinary Surgeon, with age of `Mare' given to be 4 1/2 years - Accident took place in 2003 - As per information on internet, an ordinary `Mare' is available for approx. Rs.30,000/- to Rs.40,0000/- as of today..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Self employed person - Additions for future earnings - Courts differing in view - Matter pending before larger Bench...........
