Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view age of deceased, number of dependents and various heads under which claimants entitled to compensation, total compensation of Rs.46,17,350 with 7.5% interest p.a held, awarded to claimants - Lumpsum amount of Rs.2 lakhs also awarded to mother of deceased...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation- Question as to whether deceased died as a result of vehicular accident, cannot be gone into in appeal, particularly when both the Courts below have premised their orders on foundation that death of deceased was definitely as a result of an accident as projected - However, High Court scaled down the amount..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of notional income of victim - Victim was 5 years old at the time of accident - Minimum wages payable to skilled workman in the concerned year is to the tune of Rs.3708 - Minimum wages as on the date of accident is thus, rounded off to Rs.3700 - Compensation therefore, is to be assessed on the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Victim was 5 years old at the time of accident - He thus, entitled to 40% for future prospects...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Victim was 5 years old at the time of accident - Multiplier of 18 is thus, appropriate in view of age of victim...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Permanent disability for life - In view of physical condition, victim is entitled to one attendant for rest of his life though he may be able to walk with the help of assistant device - Device also requires to be replaced every 5 years - Victim not only lost his childhood but also adult life - Loss of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Pain, shock and suffering - Claimant sustained grievous brain injuries and was hospitalized for a number of months - He is in coma and is bed ridden for entire life - Considering prolonged hospitalization and multiple brain injuries sustained by claimants and that he is still in coma and is bed ridden, High..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of amenities and happiness - Amount of Rs.1 lakh as awarded by High Court is on lower side - Though no amount can compensate the loss of amenities and happiness more particularly a person who is in coma since number of years and is bed ridden for entire life, but amount of compensation under head of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Claimant who is in coma and bed ridden for entire life is entitled to total compensation of Rs.1,41,94,333 with 6% interest per annum from date of filing claim petition till realization...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 75% disability in lower limbs - Compensation - Respondent had continued in service even after his accident and has retired on superannuation - Though respondent entitled to pension and retirement benefits, but has lost opportunity to take up post retirement employment - It is thus, appropriate to enhance compensation of..........
