Motor Vehicles Act, 1988, Section 163A -- Accident - Death - Maintainability of petition u/s 163-A of the Act - Insurance policy reveal that policy is a comprehensive one and it covers owner as well as driver - Policy on record clearly shows that premium was paid for insurance of owner as well as driver - Thus, contention raised by appellant with regard to maintainability..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Notional income of deceased - Deceased was 7 years old at the time of accident - Accident occurred on 6.9.2004 and Scheduled-II of the Act not yet amended - Therefore, fixing notional income at Rs.15,000 p.a for non-earning member is not just and reasonable - Notional income of deceased at Rs.25,000 p.a is..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Multiplier - Deceased was 7 years old at the time of accident - Multiplier of 15 would be appropriate as prescribed in Schedule - II of the Act...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Total compensation - Enhancement of - Taking into account the age of deceased, applicable multiplier and various heads under which claimants are entitled to compensation, claimants entitled to total compensation of Rs.4,70,000 with interest at 6% p.a from date of claim petition till date of realization - Enhanced..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Pleading and proof - Claimant need not plead or establish that death in respect of which claim was made was due to any negligence or default of owner of vehicle or of any other person...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - It is not relevant that person insured must be driver of vehicle but may well have been riding with somebody else driving a vehicle which resulted in death of person driving the vehicle...........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Claim petition - Four persons travelling in the vehicle - Plea that presence of witnesses is doubtful as they had not suffered any injury - Held, not enable as it is not necessary that injuries should have been caused to all the occupants of the vehicle...........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Claim petition - Non-examination of independent witnesses - Would not in any manner dent the case of the claimant as there is no requirement that independent witness should have been examined especially when in the instant case, accident had taken place at 8:00 p.m. in the month of January as it would be dark at..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition by borrower of motor cycle, which met with accident, against owner and insurance company is not maintainable - Claim petition can only be maintainable against driver, owner and/or insurance company of offending vehicle being a third party to said vehicle...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act - There is no need for claimants to plead or establish negligence and/or that death in respect of which claim petition is sought to be established was due to wrongful act, neglect or default of owner of vehicle concerned...........
