Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of insurance company - Bus plying under an agreement with the Corporation, met with an accident - It will be deemed that vehicle was transferred alongwith the insurance policy, even if it were insured at the instance of the original owner - Insurance Company is liable to pay compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Future prospects - Deceased was 37 years old self employed woman - Addition of 40% future prospects thus, appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deduction towards personal and living expenses - Deceased is married and having two dependents - Deduction of 50% towards personal and living expenses - Merits interference - Deduction towards personal and living expenses to be 1/3rd...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Deceased was 37 years old at the time of accident - Multiplier of 15 is appropriate...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Total compensation - Annual income of deceased was Rs.2,55,349/- - After deducting personal and living expenses and adding future prospects, annual income is determined at Rs.2,38,326 - Multiplier of 15 is appropriate considering age of deceased - Total dependency is thus, calculated to be Rs.35,74,890..........
Motor Vehicles Act, 1988, Section 147, 166 -- Accident - Liability of Insurer - Exclusion from liability of the Insurer depends upon exact terms of Insurance...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% disability - Compensation - Multiplier - Appellant was 34 years of age at the time of accident - Multiplier of 16 is thus, applicable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - 40% disability - Compensation - Future earnings - Appellant was getting a salary of Rs.37,500 as per documents of employment and bank statement - 50% of that amount would have to be taken into account which is 18,750 pm and multiplied by 12 for whole year - Loss of earning power after applying multiplier 16..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Maturity of son - Maturity itself does not disentitle son for compensation, as it depends what is exact age of son...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Keeping in view various factors under which claimants are entitled to compensation, total compensation of Rs.10,51,668 awarded to claimants with 9% interest - However, interest should not be admissible for period of delay which is of 704 days...........
