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 - He has continued to earn monthly salary he was earlier drawing, including increments except some allowances given due to nature of posting - High Court was not correct in awarding..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was below 40 years - Multiplier thus, increased from 13 to 17...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was below 40 years and was in permanent job - Appellants thus, entitled to relief and enhancement of income by 50% - However, there will be a deduction by one half after arriving at enhanced income having regard to number of dependents and fact that deceased was a bachelor...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Method of determination of compensation applying two multipliers is erroneous and run counter to judgment of Pranay Sethi, affirming the judgment in Sarla Verma...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 54 years of age on the date of accident - Multiplier of 11 is thus, appropriate as per Sarla Verma case approved by Pranay Sethi case - Appellants thus, entitled to compensation of Rs.24,33,064 with interest @ 9% from date of filing of claim application till realization...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was 19 years of age and studying in Class XII - Tribunal awarded compensation of Rs.6.01 lakhs which is already paid - High Court not justified in awarding compensation of Rs.1.87 lakhs - The amount of Rs.6.01 lakhs would have been reduced in view of cited judgments but award of Tribunal not..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of amenities, joy and pain/sufferings - Claimant suffered permanent partial disability and prolonged hospitalization - Various operations of claimant were performed - Rs.50,000/- awarded towards loss of amenities, joy and Rs.50,000/- towards pain/sufferings is on lower side - Rs.3,00,000/- awarded..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Amputation of right leg - Loss of amenities and pain and sufferings - Appellant was required to take treatment as in-patient from 22.7.2010 to 2.9.2010 - High Court committed grave error in awarding Rs.50,000 only towards pain and sufferings and Rs.70,000 towards loss of amenities - Claimant is entitled to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Award of Tribunal - Supreme Court by interim order stayed award on the condition that Insurance Company deposits the entire amount as awarded by Tribunal and that claimants shall not be permitted to withdraw the same unless permitted by Supreme Court - Plea of Insurance company that there was no contract of insurance -..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Deceased was working as supervisor and his salary was Rs.15,000/- p.m - PWs stated that income of deceased at the time of his death was Rs.15,000/- p.m - Tribunal rightly assessed income of deceased at Rs.15,000/-...........
