Motor Vehicles Act, 1988, Section 166 -- Accident - 100% Permanent disability - Compensation - Keeping in view the age, disability, loss of income including future prospects, medical expenses, multiplier and future treatment, total compensation of Rs.25,38,308 is awarded to appellant with 9% p.a interest...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Calculation of income - Tribunal by taking into account the income tax return of previous three years arrived at average income of claimant @ Rs.1,45,231 - However, Tribunal proceeded on annual income of Rs.2,22,000 on the basis of testimony of claimant, which is contradictory - It would be necessary for Tribunal to take..........
Hindu Law -- Joint family property - No proof of joint tenancy or family business or any other tharwad property to indicate that suit property is part of joint Hindu family - Rather recitals in sale deed point out that assignees had independent income from different avocations and they pooled their money to buy a single plot of land instead of three different properties -..........
Hindu Law -- Joint family property - Three brothers purchased suit property with their own independent income - Mere fact that anyone of the brothers might have constructed a residential house therein is insufficient to uphold any community of interest or jointness...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deceased was 78 years of age at the time of accident - Annual income of deceased was assessed at Rs.3,64,500 - Deduction made for personal expenses at 1/3rd is very low keeping in view the fact that claimants are his two major sons and two grand daughters - Major sons have their own source of income..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Income tax return called from complainant by way of present application - However, it was nowhere established that Income Tax return was ever filed - There is thus, no justification to issue such direction u/s 91 Cr.P.C. to produce Income Tax return - However, if accused wants to set up his defence by..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Injury - Enhancement of compensation - 70% Disability - On account of amputation of his right leg below knee - Plea of loss of income qua disability is liable to be assessed by treating it to be a case of 100% disability - Plea held, not tenable as it is almost certain that he would not be able to work as a driver by..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff did not have necessary funds available with him to pay balance consideration - Low income and low bank balance of plaintiff indicated his incapacity to make balance payments - Even otherwise, no material on record to show that plaintiff can arrange sufficient funds to pay balance..........
Agreement to sell -- Specific performance - Plaintiff contended that no objection certificate (NOC) not obtained by defendant from authorities concerned - However, there is nothing to indicate the nature of NOC that defendants were required to obtain and who were authorities from whom such NOC was required - Similarly, there is no indication about nature of income tax..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Income of deceased - Deceased was working as accountant - Employer of deceased did not deposit any PF for deceased despite having deposited PF of other employees is more than sufficient to hold that testimony of employer cannot form basis to record a finding that deceased was working as an accountant at a salary..........
