Motor Vehicles

Compensation for loss of future income and assessment of Functional disability resulting therefrom —Permanent disability- Motor Vehicles Act, 1988 — Ss. 163, 166 and 173

Any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered the disability. The Appellant has filed the present appeal aggrieved against the order of High Court reducing amount of compensation. The Appellant has raised a limited argument that the

Compensation for loss of future income and assessment of Functional disability resulting therefrom —Permanent disability- Motor Vehicles Act, 1988 — Ss. 163, 166 and 173 Read More »

Motor Vehicles Act, 1988 — Ss. 163, 166 and 173 — Functional disability resulting from Permanent disability – Compensation based on Loss of future income

Any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered the disability. The same injury suffered by two different persons may affect them in different ways. Loss of leg by a farmer or a rickshaw puller may be end

Motor Vehicles Act, 1988 — Ss. 163, 166 and 173 — Functional disability resulting from Permanent disability – Compensation based on Loss of future income Read More »

Motor Vehicles Act, 1988 — Ch. XII (Ss. 165 to 176), Ch. X (Ss. 140 to 144) and Ch. XI (Ss. 145 to 164-D) [as they stand after 2019 Amendment]

Convenient procedure for adjudication of claim cases without delay: Considering overall aspects of Amending Act of 2019, elaborate directions issued under Art. 142 of the Constitution to ensure expeditious disposal of accident compensation cases. Held further, Registrar General of the High Courts, States Legal Services Authority and State Judicial Academies are requested to sensitize all

Motor Vehicles Act, 1988 — Ch. XII (Ss. 165 to 176), Ch. X (Ss. 140 to 144) and Ch. XI (Ss. 145 to 164-D) [as they stand after 2019 Amendment] Read More »

Motor Vehicles Act, 1988 — Ss. 2(21), 2(15), 2(48) and 10(2)(d) [as amended by Amendment Act 54 of 1994] r/w Rr. 5 and 31 of the Central Motor Vehicles Rules, 1989 and S. 149:

Matter relating to whether a person licensed to drive LMV ipso facto entitled to drive a transport vehicle in that category, referred by present three-Judge Bench to larger Bench of Supreme Court for reconsideration of correctness of ruling of three-Judge Bench in Mukund Dewangan, (2017) 14 SCC 663. Held, Thereafter certain provisions which were not

Motor Vehicles Act, 1988 — Ss. 2(21), 2(15), 2(48) and 10(2)(d) [as amended by Amendment Act 54 of 1994] r/w Rr. 5 and 31 of the Central Motor Vehicles Rules, 1989 and S. 149: Read More »

Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Permanent disability:

Principles to be adopted by Tribunals/Courts for determination of compensation in cases of permanent disability due to motor accident, extensively surveyed and summarized. THE PECUNIARY EXPENSES  Loss of earning for 6 months Medical Expenses Future Medical Expenses Attendant Charges Litigation Expenses Loss of Conveyance NON-PECUNIARY EXPENSES  Pain and Suffering Marriage Prospects Loss of Amenities Judgments

Motor Vehicles Act, 1988 — Ss. 166, 168 and 173 — Permanent disability: Read More »

Motor Vehicles Act, 1988 — Ss. 166, 168 and 171 — Fatal accident — Compensation claim

Various heads for awarding compensation: Deceased was aged 28 yrs at the time of accident. Considering notional income @ Rs 6500 per month as determined by High Court, adding 40% towards future prospects, deducting ⅓rd towards personal expense of deceased and applying multiplier of 17, claimant was held entitled to Rs 12,37,790 under head loss

Motor Vehicles Act, 1988 — Ss. 166, 168 and 171 — Fatal accident — Compensation claim Read More »

Motor Vehicles Act, 1988 — S. 166 — Accident claims- Whether insured offending vehicle was involved in accident or not

Application under the MV Act has to be decided on basis of evidence led before it and not on basis of evidence which should have been or could have been led in a criminal trial. The entire approach of the High Court is clearly not sustainable. Para 11. Held, We find that the appellants are

Motor Vehicles Act, 1988 — S. 166 — Accident claims- Whether insured offending vehicle was involved in accident or not Read More »

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 sensory loss in legs, urinary incontinence and bowel constipation and bed sores. Loss of future earnings/future prospects, attendant requirement, assistant device, taxi/conveyance expenses, medical expenses,

Determination of Compensation in case of Permanent Disability S. 166 Read More »

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