Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claim by widow and children of deceased - Deceased fell down from bus while boarding it because driver moved the bus before whistle of conductor - Prosecution witnesses stating that deceased was co-worker and co-passenger who was waiting for bus along with them - Claimant's version clearly corroborated by..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Multiplier - Age of deceased should be the basis for applying the multiplier - Selection of multiplier shall be as indicated in Table in Sarla Verma's case...........
Motor Vehicles Act, 1988, Section 163A, 166 -- Death - Compensation - Remedy for payment of compensation both u/ss 163-A and 166 of the Act is final independent of each other as statutorily provided - Claimant cannot pursue his remedies thereunder simultaneously - Thus, one must elect to go either for proceeding u/s 163-A or 166 of the Act, but not under both...........
Motor Vehicles Act, 1988, Section 163A, 166 -- Death - Compensation - Petition filed u/s 163-A of the Act, hence, Second Schedule will apply - Compensation is to be determined on basis of income of deceased and his age at the time of accident and other usual heads - No increase in amounts is provided under the said Schedule is permissible by Courts and only Central..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Proof of negligence was sine qua non in petition u/S.166 of MV Act - Merely because case has been registered against driver, negligence cannot be inferred even on touchstone of preponderance of probabilities and proof of negligence is essential before person can be held liable to pay compensation...........
Motor Vehicles Act, 1988, Section 166, 167, Workmen -- Accident - Where employer has taken initiative to compensate his workman u/s.8, then an employee or his legal representatives, has not exercised his right to elect forum of his choice to seek compensation on his/their initiative there would not be any bar to maintain an action under M.V. Act...........
Motor Vehicles Act, 1988, Section 166, 167, Workmen -- Accident - It may be possible to state that what is barred u/S.167 of Act is not pursuit to seek compensation under two tribunals created under two different enactments successively, but actual receipt of compensation from both tribunals on the same cause of action - To allow claimant to pursue a remedy for second time..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Housewife's - There cannot be any straight check formula for assessing contribution of house wife - It all depends upon status of family to which deceased belongs and other circumstances - Since claimants themselves had pleaded and assessed contribution of deceased in monetary terms not less than Rs.3000 therefore..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 85% permanent disability of left leg - Loss of future earnings - Claimant suffered a serious injury leading to amputation of left leg below knee - Functional disability caused to claimant as he had been working as a Security Officer - Monthly salary which claimant was drawing in 2004 was around 14,000 - Future prospects..........
Motor Vehicles Act, 1988, Section 163A, 166 -- Accident - Compensation - Claim petition could not treated to have been filed u/S.166 of Act as claimant failed to furnish details of vehicle involved - Claimant had held back DDR and presumption is that it would not have supported plea raised by him - Appeal dismissed...........
