Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Spousal and parental consortium - Spousal consortium awarded Rs.44,000/- and towards parental consortium @ Rs.44,000/- each to three children thus, awarded...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total Compensation - Keeping in view various heads under which compensation is awarded to claimants, total compensation of Rs.25,91,388 with 9% p.a from date of filing application till date of payment of compensation to claimants awarded...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Assessment of permanent disability - Appellant sustained comminuted fracture of tibia bones of both the legs - He was operated upon twice and was hospitalized for 36 days cumulatively - Doctor who treated appellant has assessed permanent disability of 54% which is on higher side - Since the appellant..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Notional income of appellant - Appellant was in business of selling utensils and used to travel to various villages to sell the same - Due to disability in the form of paraplegia being suffered by appellant, it is not possible for him to walk a long distance or stand for a long period - Business..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Attendant charges - Appellant suffered from paraplegia on account of accident and requires an attendant throughout the day - Claim of Rs.4500/- p.m - Rs.2,000/- fixed as cost of keeping the attendant - Rs.4,32,000/- is thus, appropriate as attendant charges...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Future medical expenses - Appellant was 19 years old at the time of accident and now he is 29 years old - Considering the fact that he would be incurring costs towards medical expenses in future along with physiotherapy and nursing, a bare minimum of Rs.1000/- is spent per month - Amount of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Litigation expenses - Accident took place in 2012 - Appellant is pursuing this litigation for past almost 10 years - Rs.50,000/- is thus, awarded towards litigation expenses...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Total compensation - Taking into account the age of appellant, unusual deprivation he suffered and various heads under which he is entitled to compensation, amount of Rs.21,78,600/- thus, awarded as total compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Non-pecuniary loss - Pain and sufferings would be categorized as a non-pecuniary loss as it is incapable of being arithmetically calculated - Therefore, when compensation is to be awarded for pain and sufferings, special circumstances of claimant have to be taken into account including the..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - When insurance company was not liable, order of `pay and recover' would not arise...........
