Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Total compensation - Considering age of claimant, multiplier applied and various heads under which claimant entitled to compensation, claimant is entitled to total compensation of Rs.15,42,800 with 7.5% interest p.a from date of claim petition till satisfaction...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application u/s 166 of the Act, which is summary in nature...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Non-impleadment of daughters of deceased - Not really of any consequence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death of husband - Compensation - Claim of compensation by wife on account of love and affection as well as on account of spousal consortium for wife and parental consortium for the children - Compensation under head on account of loss of love and affection is not permissible but compensation on account of spousal..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased getting salary of Rs.12,450/- as per his wife and he was over 50 years of age - However, in absence of proof of salary, Tribunal assessed monthly income of deceased as Rs.10,000/- - Keeping in view of income, age and future prospects, total compensation comes out to be Rs.11,63,000 along with 7%..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Direction to Insurance Company to recover awarded amount from owner - Owner stated that driver produced driving license from Nagalnad - However, driving license actually produced by claimant themselves from Una (H.P.) - Owner of vehicle is expected to verify the driving skills and not run to the licensing..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of notional income of deceased - Deceased was a homemaker at the time of incident - She remained without employment for a period of approximately three years and what she earned prior to that ought not to have been treated to be her monthly income to arrive at just and proper compensation..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal expenses - Two minor children of deceased at the material point of time treated as dependent family members even if Court leave husband of deceased from being treated as dependent - Both the children were minor at the relevant time - Deduction of 1/3rd of determined income of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 37 years old at the time of accident - Multiplier of 15 ought to be applied...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years old at the time of her death - There ought to be addition of 40% to notional income of deceased towards future prospects as she was below 40 years of age...........
