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..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - When insurance company was not liable, order of `pay and recover' would not arise...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Where claimant was a gratuitous passenger in the offending vehicle, Insurance company would not be liable to reimburse compensation...........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Appellant was aged about 19 years old at the time of accident - Left leg of appellant was amputed below knee due to injuries suffered in the accident - Appellant will not be able to perform any physical labour - Though appellant was a gratuitous passenger in the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was a housewife aged about 25 years at the relevant time and was doing tuition work - Income of deceased ought to be considered at least Rs.7500/- pm - While considering loss of dependency 40% of income is required to be added towards future prospects - Since the deceased was pregnant at the time..........
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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deductions towards personal and living expenses - Taking into account number of dependents in family, 1/3rd of monthly income was to be deducted towards personal and living expenses of deceased in view of Pranay Sethi's case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 32 years old at the time of accident - Multiplier of 16 is thus, appropriate with reference to age group of deceased between 30 and 35 years in terms of Sarla Verma case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of parental consortium - Amount payable under head parental consortium shall not exceed Rs.40,000 qua a single child in view of Praney Sethi case - Amount of Rs.1 lakh each granted by High Court to claimants under head of love and affection require to be deducted and at the same time Rs.40,000 each out..........
