Determination of Compensation in case of Permanent Disability S. 166
In this case, victim aged about 5 yrs, rendered paraplegic due to the accident, having suffered several injuries. He was not able to move both his legs and had complete…
Motor Vehicles Act, 1988 — Ss. 166 and 168 — Just compensation — Selection of multiplier
Applying split multiplier i.e. one multiplier up to date of retirement and another multiplier after retirement of deceased is not permissible. Only one multiplier is to be applied keeping in…
Insurance — Contract of Insurance/Policy/Terms/Cover Note — Mutuality of Duties of parties/Uberrima Fides/Uberrimae Fidei/Claim to Insurance money/Insurer’s liability — Obligation to disclose material facts —:
Principle of uberrimae fidei i.e. principle of utmost good faith, held, imposes meaningful reciprocal duties owed by the insured to the insurer and vice versa. That is to say, just…
Insurance — Contract of Insurance-Policy— Applicability of the principle of Uberrima Fides/Uberrimae Fidei to both parties -Insurer’s liability:
The duties of the insured and insurer to disclose all material facts at contract formation/pre-contract stage or renewal stage, held, include the duty of the insurer or its agent to…
Motor Vehicles Act, 1988 — S. 163-A(3) and Sch. II — Fatal accident of non-earning family member and fixation of notional income under Sch. II
Fixation of notional income of Rs 15,000 p.a. under Sch. II for computing compensation in this case of non-earning family member (minor aged 7 yrs), held, unjust and unreasonable due…
Motor Vehicles Act, 1988 — S. 166 — Fatal accident — Compensation – Effect of Failure to produce documentary evidence regarding monthly income of deceased in reckoning of Income of deceased and parents entitled to compensation though living separately
In absence of documentary evidence on record, some amount of guesswork is required to be done. But at the same time, held, the guesswork for assessing the income of the…
Determination of Liability of insurer Ss. 147 and 166
Insurance policy covered risk of third parties including unnamed passengers, in respect of which premium was duly paid. Another clause covered “employees” such as driver and cleaner upon payment of…
Computation of compensation in fatal accident under sec 166,168 and 173 of Motor Vehicles Act,1988
The Tribunal by recording a finding that the deceased was in the age group of 40 to 50 years, applied the multiplier of 13 and future prospects at 30% as…
Exercising jurisdiction under Article 142 of the Constitution of India and finding it appropriate to enhance compensation in order to do complete justice to the parties in the absence of appeal by claimants against Tribunal judgment in High Court
The age of the deceased was 35 years and he left behind five dependents, the deduction towards his personal expenditure would be 1/4th as per judgment of this Court in…
Compensation under sections 166, 168 of Motor Vehicles Act 1988- issues involved Contributory negligence of the victim, computation of Income and multiplier
The Motor Accident Claims Tribunal arrived at the sum of Rs 11,66,800 as total compensation payable after deducting 10% of the compensation on account of contributory negligence in as much…