Motor Vehicles Act, 1988, Section 83, Kerala Motor Vehicles Rules, 1989, Rule 174(2)(c) -- Transport permit - Replacement of vehicle - R.174(2)(c) of the Rules is intended to ensure that conditions under which transport permit is granted is not diluted when vehicle covered under permit is sought to be replaced by new vehicle - Therefore, R.174(2)(c) of Rules is neither..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Method of determination of compensation applying two multipliers is erroneous and run counter to judgment of Pranay Sethi, affirming the judgment in Sarla Verma...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 54 years of age on the date of accident - Multiplier of 11 is thus, appropriate as per Sarla Verma case approved by Pranay Sethi case - Appellants thus, entitled to compensation of Rs.24,33,064 with interest @ 9% from date of filing of claim application till realization...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was 19 years of age and studying in Class XII - Tribunal awarded compensation of Rs.6.01 lakhs which is already paid - High Court not justified in awarding compensation of Rs.1.87 lakhs - The amount of Rs.6.01 lakhs would have been reduced in view of cited judgments but award of Tribunal not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of amenities, joy and pain/sufferings - Claimant suffered permanent partial disability and prolonged hospitalization - Various operations of claimant were performed - Rs.50,000/- awarded towards loss of amenities, joy and Rs.50,000/- towards pain/sufferings is on lower side - Rs.3,00,000/- awarded..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 304A, 114, 120B, Motor Vehicles Act, 1988, Section 177, 184, 134 -- Bail - Murder of wife by husband - Accused hatched a criminal conspiracy with co-accused to kill his wife and tried to make out an accidental case for monetary benefits - High Court while releasing accused on bail has not at..........
Indian Penal Code, 1860, Section 304(Part II), 338, Motor Vehicles Act, 1988, Section 185 -- Reduction in sentence - Offence u/ss 304(Part II), 338 IPC and S.185 Motor Vehicles Act - Incident is of year 2016 and appellant never misused concession of bail/suspension of sentence - He is not involved in any other case - Appellant is 46 years of age and has two children and..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amputation of right leg - Loss of amenities and pain and sufferings - Appellant was required to take treatment as in-patient from 22.7.2010 to 2.9.2010 - High Court committed grave error in awarding Rs.50,000 only towards pain and sufferings and Rs.70,000 towards loss of amenities - Claimant is entitled to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Award of Tribunal - Supreme Court by interim order stayed award on the condition that Insurance Company deposits the entire amount as awarded by Tribunal and that claimants shall not be permitted to withdraw the same unless permitted by Supreme Court - Plea of Insurance company that there was no contract of insurance -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was working as supervisor and his salary was Rs.15,000/- p.m - PWs stated that income of deceased at the time of his death was Rs.15,000/- p.m - Tribunal rightly assessed income of deceased at Rs.15,000/-...........
