Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of claimant - Claimant was self employed as a mechanic at the time of accident and had work experience of over 30 years - Income of claimant has to be construed @ Rs.6500 p.m in substitution of Rs.3500 as computed by Tribunal and High Court - Claimant would be entitled for enhanced compensation of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Compensation awarded by Tribunal under heads of attendant charges, pain and suffering, transportation together in a sum of Rs.9000 is on lower side and same deserves to be enhanced and accordingly lumpsum of Rs.1 lakh is awarded under these heads - In substitution of award of compensation of..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between car and tractor fixed with water tanker - Damage to the front side of car would itself indicate that as to at what speed, car must be coming when it hit the tractor fixed water tanker from behind - Even, if it assumed that accused driving the tractor suddenly applied..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Age of deceased was 52 years at the time of accident - Multiplier of 11 would be appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was multi tasking person and was doing multiple works - Considering the material placed on record by appellants and value of labour being put by deceased in agriculture, it would be reasonable to assess his income at Rs.35,000 pm - Appellants entitled to compensation of..........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - When there is no evidence on record of approximate speed of offending vehicle, mere use of term `high speed' is not sufficient to infer the rashness or negligence of accused...........
Indian Penal Code, 1860, Section 279, 337, Motor Vehicles Act, 1988, Section 187 -- Accident - Rash and negligent driving - Collusion between bus and truck - No material on record to pinpoint the exact place, where accident had taken place - Some part of bus appeared to be lying on the road in photographs - But, site plan does not show location of these parts and distance..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Income of deceased - Deceased was a homemaker - Her direct and indirect monthly income in no circumstances could be less than wages admissible to a daily wager under Minimum Wages Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a homemaker - Monthly income of deceased at the relevant time, could not be less than Rs.4000 p.m or so - However, instead of calculating compensation under different heads and also keeping in mind the fact that claimants and respondents are closely related, delinquent vehicle was not insured,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amount received as Compassionate Assistance to Dependents of deceased Govt. employees owing to sudden death of the employee in harness for any reason whatsoever including as a result of road traffic accident has to be deducted from compensation awarded under Motor Vehicles Act...........
