Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deductions - Cannot be allowed from amount of compensation either on account of insurance, or on account of pensionary benefits or gratuity or grant of employment to a kin of deceased, as all these amounts are earned by deceased on account of contractual relations entered into by him with others - It..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deductions - Amount received by family under Employees Family Benefit Scheme (EFB) - Claimants deposited a sum of Rs.27,43,991 received by them on death of deceased with employer and are now getting about Rs.50,082 per month - Said amount is to be paid to legal heirs under EFB Scheme only till date of..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Total compensation - Deceased was 52 years old at the time of accident and was getting salary of Rs.58,565 per month - Keeping in view various heads for the purposes of calculation of compensation, deductions and applying multiplier of 11, total compensation of Rs.50 lakhs with 9% interest p.a shall be awarded to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects means advancement in future career, earnings and progression in one's life - Promotional avenues, career progression, grant of selection grades etc. are some of features for considering one's future prospects in one's career...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Age of deceased at the time of accident was 37 years - Appropriate multiplier thus, would be 15...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Enhancement of - Deceased, a constable aged 37 years getting salary of Rs.13,064 p.m - Taking into account 50% of annual salary for future prospect, it results to Rs.78,384 and total salary would aggregate up to Rs.2,35,152 and further by adding various heads under which appellants entitled to compensation,..........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Enhancement - High Court while enhancing compensation granted @9% interest on enhanced amount only which appears to be a mistake and in any case unjust - Claimant entitled to interest @9% p.a. on entire amount of compensation granted by High Court from date of filing of claim petition before Tribunal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - High Court while reducing compensation neither set out facts of case in detail nor dealt with any of submissions urged except to mention them, nor took note of grounds raised by claimant - It was necessary for High Court to assign reasons for reduction of compensation - In the absence of any reasons,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 24 years old at the time of accident - Future prospects ought to have been awarded at 40% of actual income of deceased, instead of 50% as awarded by High Court...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal expenses - Deceased was living in a village, where he was residing with his aged father who was about 65 years old and an unmarried sister - High Court correctly considered them to be dependents of deceased and made a deduction of 1/3rd towards personal expenses of deceased...........
