Motor Vehicles Act, 1988, Section 171 -- Accident - Compensation - Interest - Normally interest should be granted from date of filing petition - It is only if appeal is filed after an inordinate delay by claimants, or decision of case is delayed on account of negligence of claimant, in such exceptional cases interest may be awarded from a later date - However, while doing..........
Motor Vehicles Act, 1988, Section 171 -- Accident - 100% physical disability - Total compensation - Interest - Keeping in view the various heads under which compensation is to be awarded to claimant, total sum of Rs.62,27,000 with 7.5% interest p.a from date of filing claim petition till payment/deposit of amount is awarded to claimant - Directions issued...........
Motor Vehicles Act, 1988, Section 171 -- Accident - 100% physical disability - Compensation - Interest - Where claimants who are under some disability who may not be able to invest their monies properly, in such cases MACT and High Courts must ensure that investments are made in nationalized banks to get a high rate of interest as per guidelines issued in General Manager,..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Factum of death owing to accident in question deposed by PW1 and PW2 but they not cross-examined on this aspect by defence - It is thus, u, rebutted and uncontroverted and same is to be taken with intact evidence - Moreover, on basis of PWs as well as formal exhibits proved by I.O as well as..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Accident policy for account holders of Bank - Deficiency in service on part of Bank in failing to forward application form to insurer and in deducting insurance premium on time - Had bank not deficient in performing of its services, deceased would have been entitled to an insurance cover in same terms as was..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Motor Accidents Claims Tribunal is not a financial adviser or chartered accountant to advice a person on how one's money deserves to be spent even if spending spree is profligate - Due to this uncaring and irresponsible order passed by Tribunal, petitioner has to approach High Court at much time and expense..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement - Just compensation assessed by High Court cannot be declined on the ground of non filing of cross appeal by appellant as in Motor Accident Claims, Court should not take hyper technical approach - Just compensation, as assessed by High Court, granted with interest thereon...........
Motor Vehicles Act, 1988, Section 171 -- Accident - Compensation - Insured failed to discharge his primary obligation that he had given his vehicle for driving to a person who was duly licensed on the date of occurrence - Therefore, insurance company shall have right of recovery against insured after payment of compensation...........
Motor Vehicles Act, 1988, Section 171 -- Accident - Compensation - Interest - Tribunal not recorded any findings to deny interest from date of application till realization - No reason assigned to extend concession to respondents that interest would be attracted only if compensation is not paid within two months - Tribunal that no interest shall be payable if compensation..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 47 -- Punjab Civil Services Rules Volume-II, R.5.11 - Accident - Permanently incapacitated - Relieved/retired from Government Service on basis of medical report - Respondents directed to pay salary as per rates by deeming fiction as if he is in service and has..........
