Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Tribunal awarded multiplier of 18 after determining income of deceased @ Rs.3,683 p.m - However, High Court reduced the multiplier to 9 having regarding the age of surviving mother of deceased - Order of High Court set aside - Multiplier of 18 awarded by Tribunal restored...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was working in informal sector - Appropriate standard would be 40% in view of Pranay Sethi case - High Court fell into error in denying enhancement of compensation on account of future prospects - Additional compensation on account of future prospects would be worked at 40% of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Deceased were having valid driving license and were working as drivers - Income of deceased thus considered at least Rs.10,000 p.m and by adding 40% towards future prospects and thereafter deducting 1/3rd towards personal expenses and by applying appropriate multiplier, claimants held,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased at the relevant time considered at Rs.3000/- pm - Future prospectus and rise in income, if considered and loss of dependency determined, it can be said just compensation - Claimants thus, shall be entitled to total compensation of Rs.4,25,000 under different heads along with interest @ 9%..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Re-assessment of income of deceased - Salary certificate of deceased produced on record showing monthly salary at Rs.15,000/- - Said salary certificate is proved on record - Deceased was a qualified person working as Manager in private firm - Tribunal and High Court committed error by not giving due..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future economic loss - Claimant was serving in Merchant navy and his salary at the relevant time was USD 1000 - Right hand below elbow of claimant was amputated resulting in 70% disability qua right arm - Claimants will not be able to do any work in Merchant navy - High Court ought to have awarded future..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Head of pain, shock and suffering - Right hand below elbow of claimant was amputated - During prolonged hospitalization, claimant was operated five times - Considering five operations, prolonged hospitalization and suffering, amount of Rs.25,000 awarded by High Court under head of pain, shock and suffering..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Multiplier - Claimant was 40 years of age at the time of accident - Multiplier of 15 to be applied...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Future economic loss - Claimant was working as a Mason - Permanent disability assessed by High Court at 100% - Therefore, even considering minimum wages payable to Mason and future rise in income, claimant shall be entitled to economic loss past as well as future considering..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Head of pain, shock and suffering - Looking to serious injuries, prolonged hospitalization and pain and shock and suffering and trauma which might have been suffered by claimant, it would be just and proper to award Rs.4 lakhs to claimant under head of pain, shock and suffering...........
