Motor Vehicles Act, 1988, Section 166 -- Motor Vehicle accident - Compensation for personal injuries - Injured has to be compensated (1) for pain and suffering; (2) for loss of amenities; (3) shortened expectation of life, if any; (4) loss of earnings or loss of earning capacity or in some cases for both; and (5) medical treatment and other special damages - In personal..........
Motor Vehicles Act, 1988, Section 166 -- Motor Vehicle accident - Compensation - Just and reasonable compensation - Compensation has to be awarded for : (1) damages for mental and physical shock, pain and suffering already undergone by the appellant or she is likely to undergo in future, (2) damages for loss of amenities of life on account of injury due to which the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was in public employment which was to be stable employment for a period of another seven years - There could have been revision of wages and promotional benefits - 30% should be added as future prospects of income - That much amount to be taken as monthly income of deceased for the purpose of..........
Motor Vehicles Act, 1988, Section 166, 149 -- Insurance policy taken on 7.4.2000 and a cheque issued which was dishonoured on 17.4.2000 - Vehicle met with an accident on 19.4.2000 - Intimation to policy holder given by insurance company on 26.4.2000 - Insurance company is liable to satisfy the award if the intimating regarding the dishonour of cheque and cancellation of..........
Motor Vehicles Act, 1988, Section 140, 166 -- Accident - Claim petition - Compensation - Claim of compensation in INR - Held, date of filing of the claim petition is the proper date for fixing the rate of exchange at which foreign currency amount has to be converted into currency of the country (INR)...........
Motor Vehicles Act, 1988, Section 140, 166 -- Accident - Compensation - Contributory negligence - From the scene of accident, one may suggest or presume the manner in which the accident took place, but in the absence of any direct or corroborative evidence, no conclusion can be drawn as to whether there was negligence on the part of the driver...........
Motor Vehicles Act, 1988, Section 140, 166 -- Accident - Compensation - Contributory negligence - Deceased had taken liquor - Held, on the basis of the same, no definite finding can be given that deceased was driving the car rashly and negligently at the time of accident...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased 45 years of age at the time of accident - Proper multiplier is 14 and not 15...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Just compensation - Approach has to be broad based - Sometimes it would involve some guess work as there cannot be any precise formula to determine the quantum of compensation - While determining quantum of compensation, adjudicating authority must keep in view the sufferings of the injured person which would include his..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Compensation can be granted both for loss of earning as well as disability suffered by the claimant...........
