Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - No amount of compensation can compensate loss suffered by parents due to death of their young son - However, in any case, this itself cannot be a criteria to award compensation but Courts are duty bound to award just and equitable compensation to claimants...........
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 166 -- Accident - Death - Mother of deceased is to be considered as dependent of deceased and is entitled to compensation by treating 50% of notional income of deceased as his personal expenses...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Notional income - Accident in instant case had taken place in the year 1995 - It would be just and proper if the same amount Rs.30000/- is taken as notional income of deceased for although it was claimed that deceased had appeared in matriculation examination prior to death...........
Motor Vehicles Act, 1988, Section 104, 100 -- Notified route - Rejection of claim seeking temporary permit on notified route - Scheme does not permit private stage carriage operator to operate its services by overlapping on notified route for more than 5 kms or 5% whichever is less of route - However, respondent sought temporary permit for route which overlap 13 km on..........
Motor Vehicles Act, 1988, Section 140 -- Fatal accident - No fault liability - Compensation - Claimants failed to substantiate factum of rash and negligent driving by driver of subject truck, thus claim petition failed u/s 166 of M.V Act - However, claimants are granted limited relief u/s 140 of the Act - Respondents jointly and severally liable to pay sum of Rs.50,000 to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Dismissal of claim petition - Only witness examined by the claimants to prove the accident being the result of rash and negligent driving of respondent has only stated that driver was driving the truck on wrong side but does not explain as to on which side the truck was being driven an how it was on wrong side in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Enhancement of compensation - 70% Disability - On account of amputation of his right leg below knee - Plea of loss of income qua disability is liable to be assessed by treating it to be a case of 100% disability - Plea held, not tenable as it is almost certain that he would not be able to work as a driver by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition - Dismissal of petition - Delay of 16 years in filing claim petition - There is no limitation prescribed in law for filing application for compensation - However, no explanation by claimants as to why they remained silent for 16 years if accident had occurred due to negligence of respondents -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Income of deceased - Deceased was working as accountant - Employer of deceased did not deposit any PF for deceased despite having deposited PF of other employees is more than sufficient to hold that testimony of employer cannot form basis to record a finding that deceased was working as an accountant at a salary..........
