Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 33 years old at the time of his death - Application of multiplier of 16 by Tribunal thus, proper - Annual salary of deceased comes to Rs.1,80,000/- which is multiplied by 16 which becomes Rs.28,80,000/-...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Loss of dependency - Deceased was 33 years of age at the time of accident and was self employed - 40% of income of deceased therefore, has to be added towards loss of future prospects as per Pranay Sethi's case - Total income of deceased is thus, Rs.40,32,000/- and 1/4th of income deducted towards personal..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view age of deceased, his income, dependency of claimants and considering various heads under which they are entitled to compensation, total compensation of Rs.31,01,000/- awarded to claimants - Since High Court already awarded a sum of Rs.17,00,000/-, thus, balance sum payable to claimants..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Income of deceased - Deceased was 25 years old at the time of accident and was a Bachelor of Engineering in Computer Technology - Tribunal thus, rightly considered the income of deceased @ 20,000/- p.m. - High Court committed error by reducing compensation from 30,54,000 to 15,82,000 by allowing..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Expenses for bystander - Appellant would require assistance of a bystander/attendant for all his movements as noticed by Presiding Judge of Tribunal - Since no material is produced to quantify expenses for attendant, making a conservative estimate, Rs.5000 pm appears to be bare minimum - Annual..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Future medical expenses - Appellant was hospitalized for 191 days and was off work - He was 21 years old and was earning around Rs.4,500 pm at the time of accident - Appellant has produced adequate medical documents before High Court to show recurring needs for testing, treatment and further..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Compensation - Assessment of loss of earning - Where appellant is incapacitated for life and is confined to home, income loss has to be quantified as 100%...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Compensation - 100% loss of earning - Earning life for appellant is over and as such his income loss has to be quantified as 100% - As monthly income of appellants was 4,500 adding 40% future prospect thereto, monthly loss of earning is quantified as Rs.6,300 - It is thus, appropriate to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Compensation - Loss of earning during period of hospitalization - Appellant was awarded Rs.12,000 for his hospitalization in aftermath of accident - But the lower figure does not correctly correspond to six months loss, when income was Rs.4500/- pm - Amount thus, enhanced for six months loss as..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 69% permanent disability - Enhancement of compensation - Keeping in view age of appellants, various heads under which he is entitled to compensation, just compensation of Rs.27,67,800 held, awarded to appellant and any amount paid earlier under these heads may be adjusted during payment to appellant...........
