Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal and living expenses - Deceased was 23 years old at the time of accident and was pursuing MBA degree - He was the only child of claimants - 50% amount thus, would have to be deducted as personal and living expenses in view of Sarla Verma case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was 23 years old at the time of incident - He was a qualified engineering graduate and was pursuing MBA degree - Had the deceased not met with an accident he would have surely drawn a salary equivalent to that of his classmates or at least amount near the said amount -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was actively involved in multiple business ventures which included partnership firms and other investments such as shares and bank interests - Mere fact that deceased's share of ownership in these businesses ventures was transferred to deceased's minor children..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Income from house property and agricultural land - Deprivation of income is not strictly applicable to cases where agricultural income or income from house property is the source - Attendant circumstances have to be considered...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was aged above 31 years at the time of death - Multiplier of 16 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Managerial skills - Computation of any managerial skills should lie between 10 to 15% of total rental income, but acceptable range can be increased in light of specific circumstances...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of deceased, various heads under which claimants entitled to compensation, total compensation of Rs.2,27,12,400 awarded to claimants with 7.5% interest p.a...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Tribunal awarded multiplier of 18 after determining income of deceased @ Rs.3,683 p.m - However, High Court reduced the multiplier to 9 having regarding the age of surviving mother of deceased - Order of High Court set aside - Multiplier of 18 awarded by Tribunal restored...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was working in informal sector - Appropriate standard would be 40% in view of Pranay Sethi case - High Court fell into error in denying enhancement of compensation on account of future prospects - Additional compensation on account of future prospects would be worked at 40% of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Daughter-in- law has already availed her legal rights and remedies under the D.V Act and Rs.40,000 p.m granted to wife as maintenance - Said amount is already paid by respondents - There is no more conflict left between remedies available to daughter-in-law under..........
