Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Notional income of deceased taken to be Rs.9000 as found by Tribunal - Considering the age of deceased, multiplier to be applied and all the heads under which claimants are entitled to compensation, is Rs.15 lakhs with 8% interest from the date of filing of claim petition awarded to claimants...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - In claim cases, arising out of motor accident, Court has to apply principles of preponderance of probability and cannot apply the test of proof beyond reasonable doubt...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Claim petition - Car whether involved in accident - Mahazar clearly records that front bumper right side of the car is broken, front right parking light is broken, grill fitted above the front bumper is curved - With such damages to the front side of the body of car, it is impossible to record a finding that car was not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between car and motorcycle - Death of motorcyclist - Car had suffered damages in the accident which proves the involvement of car - Even car driver admits that bus was 100 feet away when motorcycle hit the car - PW-6, an eyewitness, has narrated the accident - Deceased died as a result of accident involving the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Claim for attendant charges - Appellant remained admitted in hospital for 25 days and had to undergo surgery post initial operation as well - However, considering the fact of mental disability to be suffered by appellant, who is now around 40 years old and the age of mother who is above 60..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% functional disability - Total compensation - Considering the age of appellant, his income, disability he suffered and claim under various heads, total compensation of Rs.52,31,000 awarded to appellant - Appellant will be entitled to get interest on the enhanced compensation at the rate of 6% as awarded by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - It is imperative to consider future aspects of a person's earning potential when determining compensation in motor accident claim cases...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Appellants had claimed a total sum of Rs.38,34,000 and just and fair compensation that has been determined by Court is Rs.28,00,375 - Therefore, irrespective of appellants confining the claim in appeal to Rs.4 lakhs in addition to amount awarded by Tribunal i.e. 19, 55,250/-, appellants are entitled to..........
Civil Procedure Code, 1908, Order 21, Rule 52 -- Execution - Recovery of arrears of rent - Attachment of compensation granted under Motor Vehicle Accident Claim - Petition for arrears of rent filed against petitioner was decreed ex parte - Shop in question was in custody of petitioner and it was petitioner who was responsible to pay rent - Petitioner cannot take defence of..........
Civil Procedure Code, 1908, Order 44, Rule 1 -- Appeal by an indigent person - Prayer to file appeal as an indigent person rejected - Impugned order set aside as appellant not yet received the money under Motor Accident Claims petition - Secondly an enquiry was necessitated since nothing on record speaks of claimant having filed the claim petition as an indigent person -..........
