Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Future medical expenses - Appellant was 19 years old at the time of accident and now he is 29 years old - Considering the fact that he would be incurring costs towards medical expenses in future along with physiotherapy and nursing, a bare minimum of Rs.1000/- is spent per month - Amount of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Litigation expenses - Accident took place in 2012 - Appellant is pursuing this litigation for past almost 10 years - Rs.50,000/- is thus, awarded towards litigation expenses...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Total compensation - Taking into account the age of appellant, unusual deprivation he suffered and various heads under which he is entitled to compensation, amount of Rs.21,78,600/- thus, awarded as total compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 45% permanent disability - Non-pecuniary loss - Pain and sufferings would be categorized as a non-pecuniary loss as it is incapable of being arithmetically calculated - Therefore, when compensation is to be awarded for pain and sufferings, special circumstances of claimant have to be taken into account including the..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent injunction and partition - Suit dismissed by trial Court without recording evidence of plaintiff as well as defendant - Suit is in relation to immovable property and valuable rights of parties are to be decided - One opportunity to lead evidence is thus, required to be granted - Impugned order of dismissal of..........
Evidence Act, 1872, Section 114 -- Adverse inference - Suit for declaration and permanent injunction - Plaintiff himself not appeared in witness box to testify in support of plaint - Power of attorney holder of plaintiff has not even produced original Power of Attorney on record despite being afforded opportunities to produce the same - Photocopy of power of attorney..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent prohibitory injunction - Contention that Lower appellate Court has committed a manifest illegality in considering third case not pleaded by parties - However, lower appellate Court has taken into consideration oral evidence as well as circumstances in order to find out..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Suit property declared as plaintiffs Courtyard by Trial Court after carefully analyzing boundaries shown in two sale deeds - Lower Appellate Court reversed the findings of trial Court and has rendered opinion bereft of reference to documentary evidence, which trial Court..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband has been paying Rs.2500 pm as interim maintenance u/s 125 Cr.P.C and Rs.3000 p.m u/s 24 of H.M Act - Husband directed to pay one time permanent alimony of Rs.10,00,000 (Rs.Ten lakhs only) as full and final settlement of all disputes between parties...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 32 years old at the time of accident and was working as a constable in RPF - In view of Pranay Sethi case, when deceased was below age of 40 years and was having a permanent job, for purpose of determination of income 50% of actual salary i.e Rs.13,817 ought to have been..........
