Motor Vehicles Act, 1988, Section 163A -- Accident - Claim petition u/s 163-A of the Act is based on principle of no fault liability...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Enhancement of - Claimants contended that since there is amendment to 2nd Schedule of the Act, they are entitled to fixed amount of Rs.5 lakhs as compensation - However accident took place in the year 2006 and award passed by Tribunal in 2009 - Even order passed by High Court was much prior to amendment in..........
Motor Vehicles Act, 1988, Section 166, Haryana Compassionate Assistance, the Dependents of Deceased Government Employees Rules, 2006, Rule 5 -- Accident - Death - Determination of compensation - Head `financial assistance' - Harmonious approach has to be adopted for determining a just compensation payable under MV Act, for which amount received or receivable by claimants..........
Indian Penal Code, 1860, Section 302 -- Murder - Allegation that accused struck his vehicle against his uncle/deceased, as a result of which he died - However, I.O deposed that when he had taken vehicle in possession, there were no blood stains on the same nor there was any scratch on tyres - Number of vehicle or name of driver was not disclosed in the report - 40-50..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Trailer/trolley attached with a tractor is part of tractor and tractor is duly insured with Insurance company then it cannot escape liability to pay compensation by taking a plea that trailer was not separately insured...........
Motor Vehicles Act, 1988, Section 149 -- Accident - Separate premium for trolley - Trolley attached with tractor was carrying iron rods and bricks for purpose of construction and that was not found to be an agricultural activity - There is nothing to show that tractor trolley was carrying any material much less relating to non-agricultural activity or that it was being..........
Motor Vehicles Act, 1988, Section 149 -- Accident - Driving licence - Valid driving licence for driving a tractor includes driving of tractor with trailer - Mere fact that a trailer was added to tractor in itself would not make driving licence invalid...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Over speeding - Driver of car who was trying to overtake truck and in process hit against railing on right side - Driver hit railing from right side further corroborates statement of driver himself that it was indeed car that was trying to overtake truck - It was negligence of driver of car that resulted in accident who..........
Employee's Compensation Act, 1923, Section 4 -- Accident - Functional disability - Determination - Appellant a driver of heavy vehicles suffered serious injuries in his right leg - As a consequence of accident, he is incapacitated for life since he can walk only with the help of a walking stick - Appellant lost ability to work as a driver, as he would be disqualified and..........
Employee's Compensation Act, 1923, Section 4 -- Accident - 100% functional disability - Compensation - Enhancement of - High Court rightly assessed income of appellant @ Rs.4000 p.m as per evidence of his employer - Functional disability of appellant is assessed as 100% and relevant factor would be 201.66 as per Schedule IV to the Act - Consequently, compensation payable..........
