Motor Vehicles Act, 1988, Section 163A -- Vehicular accident - Death - Liability to pay compensation - Deceased/borrower of vehicle (Son of owner of vehicle) - Borrower steps into the shoes of owner and is not a third party - Borrower treated as owner of vehicle, hence petition u/s 163-A would not be maintainable - Person can`t be both claimant as also recipient liable to..........
Motor Vehicles Act, 1988, Section 147, 163A -- Accident - Compensation - Liability of insurer - Insurance company challenging compensation on ground that deceased was driving vehicle owned by his mother and so no third party involved - Said contention raised by insurer for the first time before High Court - Appeal dismissed...........
Motor Vehicles Act, 1988, Section 163A, 173 -- Accident - Claim petition u/s 163-A pleading income of deceased at more than Rs.40, 000/- p.m. - Petition not maintainable - S.163-A of the Act is applicable only when annual income is Rs.40, 000/- or less...........
Motor Vehicles Act, 1988, Section 166, 163A(Second - - Motor accident - Disability - Assessment of - Accident had taken place on 22.06.97 while medical certificate has been prepared on 17.10.1997 i.e. after examining injured in person four months after accident - Doctor has opined that injured had sustained 15% disability - Held, certificate is based on material finding -..........
Motor Vehicles Act, 1988, Section 166, 163A(Second - - Motor accident - Disability - Multiplier - At the time of accident injured was serving as Junior Engineer in Govt. Department and was drawing salary of Rs.7133/- - Held, applying multiplier of 8 which is available at age of 60, retiring age of Govt. servant as loss of income to injured during service tenure shall be..........
Motor Vehicles Act, 1988, Section 163A -- Motor accident - Compensation - Deceased aged 34 years - Compensation must be determined by applying multiplier of 16...........
Motor Vehicles Act, 1988, Section 166, 168, 163A -- Death of 29 children because bus fell into river - Determination of non pecuniary compensation - Held, non pecuniary compensation should not be fixed on the basis of economic wealth and background - Loss of expectancy of life and pain and suffering on that account are common in uniform to all regardless of status...........
Motor Vehicles Act, 1988, Section 166, 168, 163A -- Death of 29 children because bus fell into river - Determination of pecuniary compensation - Children not earning - Held, pecuniary compensation to be awarded taking into account notional income mentioned in the Second Schedule of the Act...........
Motor Vehicles Act, 1988, Section 166, 168, 163A -- Death of 29 children because bus fell into river - Award of compensation with regard to future prospectus of the children - Held, in case of children there is no yardstick to measure loss of future prospectus of children - While considering such claim child's performance in the school, the reputation of the school etc...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Owner or authorised insurer is liable to pay compensation to the legal heirs of the victim in case of death or permanent disablement as indicated in Second Schedule - When a claim petition is u/s 163-A of the Act, claimant is not required to plead or establish that the death or permanent disablement was..........
