Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased, a constable aged 37 years getting salary of Rs.13,064 p.m - Taking into account 50% of annual salary for future prospect, it results to Rs.78,384 and total salary would aggregate up to Rs.2,35,152 and further by adding various heads under which appellants entitled to compensation,..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 113 -- Dowry death - Conviction - Appreciation of evidence - It is established on record that deceased and her sister were harassed for not bringing motor cycles in dowry - Statement of accused before Panchayat that harassment will continue, if demand is not fulfilled is against accused - Fact that..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Enhancement - High Court while enhancing compensation granted @9% interest on enhanced amount only which appears to be a mistake and in any case unjust - Claimant entitled to interest @9% p.a. on entire amount of compensation granted by High Court from date of filing of claim petition before Tribunal...........
Motor Vehicles Act, 1988, Section 98, 66, 88 -- Inter-State permit - Non-air conditioned private buses - Reciprocal agreement between State of Punjab and U.T Chandigarh - Agreement permitting no, A.C buses for which State of Punjab had issued permits prior to 1966 and it continues to be renewed by State of Punjab to operate in U.T - S.88 of the Act provides..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - High Court while reducing compensation neither set out facts of case in detail nor dealt with any of submissions urged except to mention them, nor took note of grounds raised by claimant - It was necessary for High Court to assign reasons for reduction of compensation - In the absence of any reasons,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 24 years old at the time of accident - Future prospects ought to have been awarded at 40% of actual income of deceased, instead of 50% as awarded by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal expenses - Deceased was living in a village, where he was residing with his aged father who was about 65 years old and an unmarried sister - High Court correctly considered them to be dependents of deceased and made a deduction of 1/3rd towards personal expenses of deceased...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was engaged in business of manufacturing Namkeen products - However, family of deceased failed to produce any evidence that income of deceased was Rs.15,000 p.m as claimed by them - High Court rightly took income of deceased to be Rs.6000, which is marginally above minimum wage..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of consortium - Filial consortium - Deceased was a bachelor, whose mother pre-deceased him and he was residing with his aged father and u, married daughter, who were dependent upon him - It is thus, appropriate to award father and sister of deceased an amount of Rs.40,000 each for loss of filial..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Total compensation - Keeping in view the age, income, dependency and various amounts to be awarded as compensation under conventional heads, total compensation of Rs.14,25,600 along with 12% interest p.a is awarded to father and sister of deceased - However, out of amount awarded father is entitled to 60%..........
