Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Merely because claimants were unable to produce documentary evidence to show monthly income of deceased, same does not justify adoption of lowest tier of minimum wage while computing the income...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Determination of income of deceased - Deceased was in possession of heavy driving licence and driving such vehicle on the date of accident - Merely because wife of deceased failed to produce salary certificate of deceased, same does not justify adoption of lowest tier of minimum wage while computing income - No reason to..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Deceased was 32 years of age on the date of accident - Multiplier of 16 is thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Deceased was 32 years of age at the time of accident and he was on fixed salary - 40% enhancement is to be made towards loss of future prospects - Deduction of 1/3rd is to be made from income of deceased towards his personal expenses - After applying multiplier of 16, claimants are entitled for..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Physical disability - Compensation - Claim for personal injuries - Death of injured not attributed to injuries suffered - Claim for personal injuries abate with death of injured - But claim for loss of estate caused was available to and could be pursued by legal representatives of deceased in appeal...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Physical disability - Compensation - Loss of estate - Injuries suffered by deceased in accident required prolonged hospitalization for 6 months - Injured resigned his job at the age of 53 years as he found movement difficult and inconvenient without attendant as distinct from complete immobility - He was possessing..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Prosthetic limb - In cases of providing facility of prosthetic limb, appropriate amount may be quantified towards its maintenance...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Child aged 11 years - 100% functional disability - Determination of payment of lump sum amount - High Court ought to examine as to what would be the appropriate lump sum amount to be determined based on the multiplier basis as set out in Kajal's case...........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Income of deceased - Admittedly, deceased was a driver of a school bus and he was also owning a lorry which had a goods carriage permit - In such circumstances, merely considering salary of deceased as a driver and not the additional income which he would be earning, cannot be justified - Moreover,..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Respondent after the accident would be unable to move without assistance and is also unable to perform his daily activities - Claim petition was for total sum of Rs.95,00,000 - Instead of making minute calculation undertaken by High Court, it is just and proper to award a sum of Rs.95,00,000 as total..........
