Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Compensation - Loss of amenities - As right arm from shoulder amputated and some injury in right knee due to which movement of right knee is also restricted, claimant would not be able to write UPSC examinations - Neither claimant can do her routine work nor would be able to marry somebody - Against such..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Income - Deceased was 22 years of age - In absence of documentary evidence with regard to actual income of deceased, Tribunal has rightly taken income of deceased as Rs.4000/- p.m - However, increase in income on account of future prospects at the rate of 40% and other conventional..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury case - Compensation - 80% disability - Claimant suffered 80% disability and is unable to walk during his life span - It can fairly be presumed that claimant would live upto minimum age of 75 years and he would require attendant for rest of his life - Compensation increased from Rs.1,00,000/- to Rs.10,00,000/- -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Eye witnesses to the incident not stated that alleged accident has taken place due to rash and negligent act of driver/accused - PW2 and deceased were standing together and PW3 was standing behind the deceased, if really bus has come in a rash and negligent manner and thereafter it went and stopped..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Determination of income - Private concerns does not give consolidated salary, however, break the same up under various heads to make a package more attractive - Salary structure includes various components like fixed salary, which includes basic dearness allowance, HRA, conveyance..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Enhancement of compensation - Deduction of income tax - As per salary certificate deceased was drawing monthly salary of Rs.21,796/- which included conveyance allowance of Rs.1800/- - Gross annual salary of deceased was Rs.2,39,952/- with deduction of Rs.9,600/- for conveyance allowance, a non-taxable component -..........
Rajasthan State Road Transport Corporation Compassionate Appointment Regulations, 2010 -- Regul.4(3) - Compassionate Appointment - Validity of Regul.4(3) - Corporation carved out two classes of dependents of deceased employees in respect of claims for Compassionate appointment i.e. dependents of employees who have died in an accident while travelling in a vehicle belonging..........
Motor Vehicles Act, 1988, Section 166 - - Death - Deceased was 21 year old at the time of accident - As per the marksheet of 10+2 it is apparent that deceased has scored brilliantly - Admittedly, deceased was a student of first year of three years law course at Punjab University - Considered just and expedient to assess income of the deceased to be Rs.25000/- instead of..........
Indian Penal Code, 1860, Section 279, 337, 338, Criminal Procedure Code, 1973, Section 482 -- Accident - Rash and negligent driving - Compromise - Quashing of FIR - Offence in question is simple in nature - Complainant is no more interested in carrying on with criminal proceedings - No fruitful purpose would be served in continuing with criminal proceedings - FIR and..........
Armed service -- Attributability of service - Injury or death - There has to be causal connection between injury or death caused by military service - Determining factor is casual connection between accident and military duties - Injury or death must be connected with military service howsoever remote it may be - Injury or death must be intervention of armed service and..........
