Motor Vehicles Act, 1988, Section 166 -- Accident - Death of minor - Compensation - Loss of a human life untimely at childhood can never be measured in terms of loss of earning or monetary loss alone - Emotional attachments involved to loss of child can have a devastating effect on family which needs to be visualized and understood...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of mother and daughter - Compensation - Contributory negligence - Deceased were travelling in a horse cart along with other passengers to a religious congregation - Neither deceased no.1 was driving horse cart nor was owner of same - Deceased were travelling as passengers along with others - No fault can be..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of mother and daughter - Compensation - Notional income of mother who is 30 years old is held to be Rs.5000 pm at the time of death - Compensation on that basis with a deduction of 1/4th towards personal expenses with multiplier of 17 is assessed - Future prospects @ 40% in addition to loss of consortium and future..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Income of deceased as reflected from ITRs filed prior to death of deceased is approximately Rs.1 lakh p.a - Considering this as basis for computing compensation payable to claimants and keeping in view the fact that deceased left behind five dependents and payment of compensation under conventional..........
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...........
Civil Procedure Code, 1908, Order 21, Rule 11, 58(2) -- Execution - Executing Court giving effect to award of land acquisition compensation - Death of D.H. after passing of award - Will set up by one of the heirs of deceased - Enquiry by Executing Court as to genuineness and validity of will - Adjudication of rival claims in respect of immovable property can always be done..........
Railways Act, 1989, Section 4 -- Accident - Untoward incident - Death - Grant of compensation - Without grant of interest - Case squarely covered with observation made by Supreme Court in `Union of India Vs Rina Devi' - Interest granted @ 7% p.a. on the awarded amount from the date of accident till date of realisation of compensation...........
Motor Vehicles Act, 1988, Section 166, Haryana Compassionate Assistance, the Dependents of Deceased Government Employees Rules, 2006, Rule 5 -- Accident - Death - Determination of compensation - Head `financial assistance' - Harmonious approach has to be adopted for determining a just compensation payable under MV Act, for which amount received or receivable by claimants..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Delay in lodging FIR - FIR registered after 17 days in spite of ascertain that broken number plate was found on the next day itself - Even, no reasonable explanation is coming forward for said delay - Moreover, it is known fact that there is a rise in such like cases, wherein the vehicle is involved only to get..........
