Motor Vehicles Act, 1988, Section 166(1)(c) -- Accident - Claim of compensation by major married and earning sons - Held, major sons of deceased who are married and earning have right to apply for compensation, as they are covered by expression "legal representative" of deceased - Tribunal to consider application irrespective of fact whether concerned legal representative..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions - Personal expenses - Deduction towards personal expenses to the extent of 50% is excessive and not just and proper considering the fact that claimants along with their respective families were staying with deceased at the relevant time and were largely dependent on her income - Deduction of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased aged 48 years - Respondents being claimants would be entitled for compensation to be reckoned on basis of loss of dependency, due to loss of gross salary of deceased and future prospects and deduction of 1/3rd amount towards personal expenses of deceased - Multiplier `13' applied by Tribunal..........
Motor Vehicles Act, 1988, Section 149(2) -- Accident - Insurance company is entitle to take a defence that offending vehicle was driven by an unauthorized person or person who did not have valid licence - Onus would shift upon insurance company only after owner of offending vehicle pleads and proves basic facts within his knowledge that driver of offending vehicle was..........
Motor Vehicles Act, 1988, Section 149(2) -- Accident - Insured fail to discharge primary obligation that he had taken reasonable care to fulfill condition of insurance policy qua driving licence - Constitutes a defence in favour of insurer u/s 149(2) of the Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Right of recovery - Tribunal awarded right of recovery against driver and owner of offending vehicle - No privity of contract between insurer and driver of offending vehicle - As there was no contract between driver and insurer question of driver having committed any breach of terms and condition of policy..........
Motor Vehicles Act, 1988, Section 149 -- Accident - 80% physical disability - Compensation - Tribunal has an obligation to assess just and reasonable compensation to make good loss in terms of money suffered by victim and victim family - However, compensation cannot be a bonanza, source of profit or largess - Tribunal failed to discharge its obligation to summon a witness..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury case - Compensation - Can be assessed on the basis of hypothesis, guess work and sympathetic considerations...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 30% functional disability - Compensation - Claimant awarded Rs.4 lakh for pain and sufferings already undergone, to be suffered in future, mental and physical shock, hardship, inconvenience, discomfort etc. and loss of amenities in life on account of permanent disability - As injured remained hospitalised for a period of..........
Motor Vehicles Act, 1988, Section 14, 166 -- Accident - Learner`s license and driving license - Cannot be treated at par for the purpose of continuity of the effect of validity of license after expiry of their validity period...........
