Motor Vehicles Act, 1988, Section 166, 149 -- Fatal accident - Compensation - Liability of insurance company - Deceased was travelling along with goods belonging to owner of offending vehicle - Death occurred due to rash and negligent driving of offending vehicle - Insurer obliged to satisfy compensation amount awarded to claimants - Since no is appeal filed by..........
Motor Vehicles Act, 1988, Section 14(2) -- Accident - Validity of driving license - Testimony of Registering authority solely based on register cannot be made basis of a finding that expiry date of license was 2003 - License would not have been issued for 5 years when driver was 37 years, but would be issued for a period of 20 years or 50 years of age whichever was earlier..........
Motor Vehicles Act, 1988, Section 147 -- Fatal accident - Liability of insurance company - Owner-cum-driver of offending vehicle produced a fake driving licence - Another licence produced by driver already expired before accident - Driver of offending vehicle did not depose in evidence and stayed away from witness box - He as owner had evidently failed to take reasonable..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Compensation - Appellant sustained multiple fractures and lost complete sensation below abdomen - Evidently, appellant cannot work anymore as load man - Assessment of disability at 70% by Tribunal is thus, incorrect - Nature and disability must be regarded as being complete - There is thus, no..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent or temporary disability - Measure of compensation must reflect a genuine attempt of law to restore dignity of being...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent or temporary disability - Compensation - Award of compensation must cover among others, the following aspects: (i) Pain, suffering and trauma resulting from accident; (ii) Loss of income including future income; (iii) inability of victim to lead a normal life together with its amenities; (iv) medical expenses..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Assessment of disability - Appellant at the time of accident was 24 years old and was a skilled carpenter - He suffered a serious disability in which he lost use of both his hands - Loss of hands is a complete deprivation of ability to earning of person engaged in manual activities - Moreover, appellant is unable to even..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% Permanent disability - Compensation - Keeping in view the age, disability, loss of income including future prospects, medical expenses, multiplier and future treatment, total compensation of Rs.25,38,308 is awarded to appellant with 9% p.a interest...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Disability - Quantification of compensation - Compensation can be granted both on account of permanent disability as well as loss of future earnings, because one head relates to impairment of person's capacity and other to sphere of pain and suffering on account of loss of enjoyment of life by person himself...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Calculation of income - Tribunal by taking into account the income tax return of previous three years arrived at average income of claimant @ Rs.1,45,231 - However, Tribunal proceeded on annual income of Rs.2,22,000 on the basis of testimony of claimant, which is contradictory - It would be necessary for Tribunal to take..........
