Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of claimant - Accident occurred in the year 2014 - Claimant was a loading unloading worker - He would earn between Rs.600 to 1000 per day as per PW6 - Total monthly wages claimed is only for 15 days work, i.e. Rs.15,000 - Income adopted at Rs.11,000 by Tribunal is thus, perfectly in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - 100% functional disability - Attendant charges - Neither Tribunal was correct in computing attendant charges on the basis of a regular attendant employed nor High Court offered any reasoning in arriving at Rs.1,50,000 - However, considering the fact that petitioner has lost use of his lower limbs, attendant..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Keeping in view the income of petitioner, loss of use of lower limbs, medical expenses, attendant charges, head of pain and suffering, loss of amenities, transport expenses and other heads under which he is entitled to compensation, total compensation @ Rs.24,86,500, awarded...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Owner of offending vehicle had fraudulently changed the validity dates of insurance policy - On the date of accident there was no insurance coverage and policy was not in operation - Such contention raised in review petition - Nothing was produced in main claim..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Injured was 45 years of age at the time of accident - Injured lived only for 11 years - Probably his life span having been reduced by injuries which rendered him 100% disabled ultimately resulting his demise - Multiplier is applied on assessment of normal life span where an injured or deceased..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Victim/injured not being engaged in a regular employment still is entitled to 25% for future prospects especially since his functional disability was 100% totally disabled from carrying on any work or generate any income...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of injured - No documentary evidence submitted to prove salary or agricultural income of injured - Monthly income of coolie is 4500 p.m in 2004 - Definitely there would be incremental increase of income in succeeding years which is Rs.500 per year, which would bring the total income..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of injured 45 years at the time of accident, Rs.9,000 monthly income, multiplier of 11, 100% disablement suffered by injured and enhanced amount of Rs.5,52,095 as awarded by High Court for mental agony, pain and suffering, nourishment, transportation and medical expenses,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of appellant - Appellant is an agriculturist by occupation and a milk vendor - He was engaged in diverse income generating activities and derived earnings from multiple sources - Multiplicity of sources ought to be taken into consideration while determining income of appellant - It..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Functional disability - Appellant suffered head injury with blood clot in brain and having blurry vision in left eye resulting in permanent disability of 40.70% as per medical examination by doctors - Disability determined as 40.70% as assessed by the doctor...........
