Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where contract of insurance is not disputed even on breach of insurance conditions, Court had allowed recovery of compensation from insurer by giving right to insurer to recover the same from vehicle owner...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Injured minor was 14 years of age at the time of accident - Multiplier of 15 rightly applied by High Court considering Pranay Sethi case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Medical expenses - High Court has taken the basis of actual bills while awarding medical expenses to appellant, overlooking that appellant would have incurred miscellaneous amounts towards medical treatment during his 22 days stay in hospital over and above actual bills in the nature of out of pocket..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of injured minor as 14 years at the time of accident, multiplier of 15, monthly income assessed @ Rs.3620, 40% added towards future prospects, disability of 77.1%, Rs.40,000 as attendant charges, Rs.3 lakhs awarded under head of loss of marriage prospects, Rs.40,000 towards..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance Company - Offending vehicle deviated from prescribed route as per permit granted by State Transportation authority and did not have permit to enter the city where accident took place - Insurance company rightly directed to pay the amount and recover the same from owner of offending..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Testimony of Eye witness/PW2 - PW2 deposed that she was running a wayside fruit shop near the scene of occurrence, which has not been established by any document - She is thus, deemed to be a chance witness subject to strict scrutiny - PW2 stated that number of vehicle was noted by herself and daughter of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Once remedy under Motor Vehicles Act was elected to be pursued by claimant and Tribunal adjudicated and fixing income, falling back upon parameters under Workmen's Compensation Act, was not permissible...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-adding of future prospects - Appellant did not file any appeal to challenge the judgment and order of Tribunal - It was insurance company who approached High Court - Therefore, it would not be permissible for Supreme Court to go into the ground of non-adding of `future prospects' raised by appellant and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income - Minimum wages cannot be determined on the basis of educational qualification alone without reference to nature of work carried on...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Appellant was 20 years old at the time of accident - Multiplier of 18 as applied by High Court held, proper considering Pranay Sethi case...........
