Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Notional income of deceased as determined by High Court is Rs.6500 p.m and by adding 40% towards future prospects and deducting 1/3rd towards personal expenses of deceased and applying multiplier of 17, claimant shall be entitled to Rs.12,37,790/- under head of loss of dependency...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of consortium - Claimant entitled to Rs.40,000 towards parental consortium for minor child and Rs.40,000 towards spousal consortium for wife and Rs.40,000 towards filial consortium for father of deceased - Claimants shall also be entitled to Rs.30,000 under conventional head (Funeral expenses and loss..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased died in 2012 - High Court committed error in reducing interest from 9% p.a to 6% p.a - Claimants held, entitled to Rs.13,87,790/- with interest @ 7.5% p.a from date of filing of claim petition till realization towards compensation for death of deceased...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal and living expenses - Deceased was 23 years old at the time of accident and was pursuing MBA degree - He was the only child of claimants - 50% amount thus, would have to be deducted as personal and living expenses in view of Sarla Verma case...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Notional income of deceased - Deceased was 23 years old at the time of incident - He was a qualified engineering graduate and was pursuing MBA degree - Had the deceased not met with an accident he would have surely drawn a salary equivalent to that of his classmates or at least amount near the said amount -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Deceased was actively involved in multiple business ventures which included partnership firms and other investments such as shares and bank interests - Mere fact that deceased's share of ownership in these businesses ventures was transferred to deceased's minor children..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Income from house property and agricultural land - Deprivation of income is not strictly applicable to cases where agricultural income or income from house property is the source - Attendant circumstances have to be considered...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was aged above 31 years at the time of death - Multiplier of 16 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Managerial skills - Computation of any managerial skills should lie between 10 to 15% of total rental income, but acceptable range can be increased in light of specific circumstances...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view the age of deceased, various heads under which claimants entitled to compensation, total compensation of Rs.2,27,12,400 awarded to claimants with 7.5% interest p.a...........
