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 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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Renewal of licence - Driver of offending vehicle has filed application for additional evidence to place on record driving licence, renewed by licensing authority - Even if plea of driver is accepted that licence was renewed by authority by whom original licence was purported to be issued but otherwise found to be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Plea of insurance company that Tribunal cannot award compensation in excess of what was awarded in ex parte award - Plea held, not tenable as once an ex parte award has been set aside, it is set aside for all intents and purposes - It cannot be accepted that ex parte award fixed a bench mark for awarding..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Route permit - Non-possessing of a route permit or deviation from the route does not constitute a defence in favour of the insurer u/s 149(2) of the Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of interest - Tribunal awarded interest at the rate of 9% p.a. - Claimant failed to produce any document with regard to the interest paid by the banks of FDRs at the relevant time - No intereference required in the rate of intersest assessed by Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury case - Disability - Compensation - Testimony of doctor does not make picture clear, if earlier injury sustained by victim is the reason for disability or has attributed to disability to any extent whatever - As per disability certificate, X-ray shows mal united bilateral leg, non-union left patella with 50% loss of..........
