Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 14, Rule 5 -- Accident - Claim petition - Amendment and/or framing of additional issues - Issue whether deceased was negligent in driving - Framing of issue on said plea necessary - Application for amendment of issues allowed...........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 9 -- Driver duly presented by his Advocate - Driver declared absconder in a criminal case - Held, driver cannot be proceeded exparte so long he is duly represented by his advocate in the claim petition...........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 16, Rule 6 -- Accident - Claim petition - Application to summon record pertaining to registration and transfer of vehicle from office of Regional Transport Authority - Prayer without specifying documents - Rejection of applciaotn - Does not mean that Insurer cannot adduce evidence on these aspects -..........
Motor Vehicles Act, 1988, Section 166, Civil Procedure Code, 1908, Order 6, Rule 17 -- Accident - Claim petition - Amendment of written statement at appellate stage - Original record pertaining to registration and transfer of vehicle not available - Amendment necessary because of subsequent event - Amendment allowed in appeal on payment of costs...........
Motor Vehicles Act, 1988, Section 147 -- Accident - Compensation - Liability of insurer - Thresher not shown to be separately registerable under Motor Vehicles Act - Thresher attached to tractor - Hand of deceased cut off in thresher because of rash operation of tractor - Insurer rightly held liable...........
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..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition can be either u/s 163-A or S.166 of the Act - If a petition is u/s 166 of the Act then claimant has to prove the negligence of the driver or owner of the vehicle - In case claim petition is u/s 163-A of the Act the compensation will be awarded in terms of Schedule without calling upon..........
