Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Physical disability - Medical opinion given by Commissioner assessed 78% physical disability of appellant which not being challenged by Insurance Company nor being doubted by Tribunal itself - However, High Court has treated the physical disability of appellant at 61.94%, which was initial assessment made..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Appellant was 43 years of age at the time of accident - Multiplier of 14 is correctly applied by Tribunal and High Court...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Transfer was done out of love and affection - There was no condition to maintain appellant in said transfer deed - Tribunal without taking into consideration what basic amenities or basic physical needs were not provided for by son or..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - Medical expenses despite producing bills for Rs.1,86,486, Tribunal and High Court only awarded an amount of Rs.1,90,000 including for special diet, conveyance and attendant charges - Medical bills proved has to be granted in full and for special diet, conveyance and attendant charges a..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Functional disability - Determination - Self-employed person engaged in a business, had to amputate his left leg pursuant to a accident - Functional disability of 60% rightly assessed by Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Dismissal of claim petition by holding that no eye witness was examined to prove rash and negligent driving - Eye witness will not be available in all cases - When FIR is lodged and charge sheet is filed there could not be a finding that negligence was not established - Order of Tribunal allowing claiming petition..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was engaged in trade as general merchant who dealt in scrap material and had a shop in big market - Parents of deceased and his wife were solely dependent on income earned by deceased for eking out their livelihood - Specific claim of father of deceased that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was a businessman - Relevance of Income Tax Return for the period which it relates to Financial Year concerned and not on the date on which it is filed with the Income Tax Department - When faced with Returns for different Assessment Years, it would be upto the Tribunal..........
Arbitration and Conciliation Act, 1996, Section 37 -- Jurisdiction - Issues are whether there was a breach committed by L&T as held by the Arbitral Tribunal, and the second question is whether, if the finding of breach committed by L&T is upheld, the finding of the Arbitral Tribunal regarding damages can be revived - what cannot be done in the exercise of the powers under..........
