Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Permanent disability - Plea of claimants that Tribunal erred in giving undue importance to FIR and testimony of respondent no.1 who was interested witness - Plea held, tenable as FIR cannot be taken to be substantive evidence - In the instant case, author of FIR was illiterate person who was at that time lodged..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - Enhancement - No permanent disability - Tribunal already reimbursed medical expenses incurred by claimants and awarded compensation for loss of income - Claimants referred to PGI for which they needed transportation and attendants atleast for duration they remained in PGI - Amount awarded by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Income of deceased - Incentives and allowances varied from month to month - Itself will not be a ground to deduct entire allowances from salary...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Monthly income - Deceased was 22 years old and was working as Supervisor in a private concern therefore, it would not be appropriate to equate such a person with unskilled labourer - No interference called for in monthly income assessed...........
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 -- Fatal accident - Compensation - Deductions - Cannot be allowed from amount of compensation either on account of insurance, or on account of pensionary benefits or gratuity or grant of employment to a kin of deceased, as all these amounts are earned by deceased on account of contractual relations entered into by him with others - It..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deductions - Amount received by family under Employees Family Benefit Scheme (EFB) - Claimants deposited a sum of Rs.27,43,991 received by them on death of deceased with employer and are now getting about Rs.50,082 per month - Said amount is to be paid to legal heirs under EFB Scheme only till date of..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Total compensation - Deceased was 52 years old at the time of accident and was getting salary of Rs.58,565 per month - Keeping in view various heads for the purposes of calculation of compensation, deductions and applying multiplier of 11, total compensation of Rs.50 lakhs with 9% interest p.a shall be awarded to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects means advancement in future career, earnings and progression in one's life - Promotional avenues, career progression, grant of selection grades etc. are some of features for considering one's future prospects in one's career...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Age of deceased at the time of accident was 37 years - Appropriate multiplier thus, would be 15...........
