Motor Vehicles Act, 1988, Section 166 -- Accident - 32% of total body disability - Compensation - Enhancement - Appellant is a housewife and income assessed by High Court at Rs.4250 p.m is appropriate - Appellant awarded Rs.3,00,000/- towards medical expenses as she failed to lead acceptable evidence in support of her claim for Rs.Four lakhs - Considering nature of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was aged 50 years 3 months on the date of accident - Age group of deceased was considered in group of 40 to 50 years - Future prospects commuted by Tribunal at 30% - When multiplier of 13 as calculated by Tribunal is maintained by High Court, there is no reason or justification..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - For loss of love and affection - When compensation of Rs.1 lakh on account of loss of consortium was awarded to appellant, she was not entitled for another Rs.1 lakh towards the same...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Amputation of left leg - Determination of physical functional disability - PW3 assessed physical functional disability of the left leg at 75% and total body disability at 37.5% - High Court considered it proper to assess physical disability at 25% of the whole body only - There is no discussion for this reduction in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Amputation of left leg - 75% physical functional disability - Future medical expenses - Appellant would require three more replacements of artificial left leg during his lifetime - High Court erred in granting a sum of Rs.50,000 only towards future medical expenses - It is thus, proper to enhance the same by Rs.2,50,000..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Amputation of left leg - 75% physical functional disability - Total compensation thus, awarded to appellant @ Rs.11,97,350 with 6% interest from date of petition till realization...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Offending vehicle/bus was hired by Corporation under an agreement between it and bus owner - Vehicle was insured - Agreement clause that Corporation has no liability for fault, negligence, accident or other illegal acts of driver of vehicle - Insurance company liable to..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Pleading and proof - Claimant need not plead or establish that death in respect of which claim was made was due to any negligence or default of owner of vehicle or of any other person...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - It is not relevant that person insured must be driver of vehicle but may well have been riding with somebody else driving a vehicle which resulted in death of person driving the vehicle...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Once the insurance company gave up the plea regarding driving license aspect before MACT, High Court committed error by utilizing the same plea to disentitle the claimant to relief...........
