January 2019

Accident—Income—Deceased was a labourer having family of 7 members—Wife on oath stated her husband was earning Rs.2500/- per month-Minimum wages payable at relevant time was Rs.2116/ – per month—Keeping in view that credibility of statement of claimant has not be demolished and deceased was supporting a large family, income of deceased taken as Rs.2500/- per month.   

By | January 6th, 2019|Income|

Comments Off on Accident—Income—Deceased was a labourer having family of 7 members—Wife on oath stated her husband was earning Rs.2500/- per month-Minimum wages payable at relevant time was Rs.2116/ – per month—Keeping in view that credibility of statement of claimant has not be demolished and deceased was supporting a large family, income of deceased taken as Rs.2500/- per month.   

Accident–Income–Mere fact that the deceased was working on temporary basis is not a ground to refuse assessment of income as per salary being received

By | January 1st, 2019|Income|

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December 2018

Accident–Income–Absence of Proof-­ Claimant claimed that deceased was aged 35 years and was an agriculturist but no documentary proof adduced—Tribunal assessed income as Rs. 6,000/ – p.m.—Minimum income of unskilled laborer in Haryana in 2012 was Rs. 4847/- —Income assessed as Rs. 5000/- p.m

By | December 9th, 2018|Income|

Comments Off on Accident–Income–Absence of Proof-­ Claimant claimed that deceased was aged 35 years and was an agriculturist but no documentary proof adduced—Tribunal assessed income as Rs. 6,000/ – p.m.—Minimum income of unskilled laborer in Haryana in 2012 was Rs. 4847/- —Income assessed as Rs. 5000/- p.m

Motor Vehicles Act, 1988, S.166–Accident–Income–Housewife–On the contribution as a home-maker there can neither be increase in future prospects nor any deduction.

By | December 9th, 2018|Income|

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Motor Vehicles Act, 1988, S. 166–Accident-Compassionate Allowance-Grant of Compassionate allowance by State Government to victim of an accident is not a ground to disallow compensation under Motor Vehicles Act.

By | December 9th, 2018|Income|

Comments Off on Motor Vehicles Act, 1988, S. 166–Accident-Compassionate Allowance-Grant of Compassionate allowance by State Government to victim of an accident is not a ground to disallow compensation under Motor Vehicles Act.

November 2018

September 2018

Accident–income–Contention that deceased was working as a manager and was earning Rs. 20.000/- pm as proved from salary certificate-Held; No record pertaining to the receipt of salary like passbok or income tax returns was produced by the claimants—Income held to be rightly taken as Rs. 10.000/- p.m.–Compensation awarded accordingly.

By | September 24th, 2018|Income|

Comments Off on Accident–income–Contention that deceased was working as a manager and was earning Rs. 20.000/- pm as proved from salary certificate-Held; No record pertaining to the receipt of salary like passbok or income tax returns was produced by the claimants—Income held to be rightly taken as Rs. 10.000/- p.m.–Compensation awarded accordingly.

Motor Vehicles Act, 1988, S.166-Accident–income–Deceased Child aged 5 years—Notional income taken as Rs. 50,000/- and multiplier of 15 applied–Total compensation of Rs.7.65 laks awarded with interest @7.5% from date of filing claim petition.

By | September 16th, 2018|Income|

Comments Off on Motor Vehicles Act, 1988, S.166-Accident–income–Deceased Child aged 5 years—Notional income taken as Rs. 50,000/- and multiplier of 15 applied–Total compensation of Rs.7.65 laks awarded with interest @7.5% from date of filing claim petition.

August 2018

July 2018

May 2018

April 2018

March 2018

February 2018

Motor Vehicles Act, 1988, S.166–Accident–Compassionate Assistance-Wife has secured compassionate assistance by being paid the salary which her husband was earning-Such amount is not to be deducted from the amount awarded by the Tribunal.

By | February 28th, 2018|Income|

Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Compassionate Assistance-Wife has secured compassionate assistance by being paid the salary which her husband was earning-Such amount is not to be deducted from the amount awarded by the Tribunal.

Accident–income–Occurr0nce had taken place in 1992—Deceased aged 21 years—In absence of definite proof of income from medicine business claim of income of Rs. 9000/- p.m. rightly rejected, but deceased cannot be compared with a daily wage casual labourer

By | February 24th, 2018|Income|

Comments Off on Accident–income–Occurr0nce had taken place in 1992—Deceased aged 21 years—In absence of definite proof of income from medicine business claim of income of Rs. 9000/- p.m. rightly rejected, but deceased cannot be compared with a daily wage casual labourer

January 2018

December 2017

October 2017

Accident—Income of a house wife has to be assessed atleast at par with the minimum class IV basic pay. Accident—Future Prospects—House wife—She constitute a separate category–It would be appropriate if an increase of 15% is granted in this case on account of future prospects. Accident—Sitting capacity of vehicle—More persons were travelling in the offending vehicle than the sitting capacity—Insurance company cannot be absolved of its liability to pay.

By | October 31st, 2017|Income|

Comments Off on Accident—Income of a house wife has to be assessed atleast at par with the minimum class IV basic pay. Accident—Future Prospects—House wife—She constitute a separate category–It would be appropriate if an increase of 15% is granted in this case on account of future prospects. Accident—Sitting capacity of vehicle—More persons were travelling in the offending vehicle than the sitting capacity—Insurance company cannot be absolved of its liability to pay.

Just Compensation-Deceased used to do work of sale of milk and vegetable seller-Income assessed as Rs. 5.000/- p.m– In facts circumstances of case after applying multiplier of 17; One-third personal deduction; adding for future prospects; loss of consortium total compensation of Rs 20 lakhs awarded.

By | October 29th, 2017|Income|

Comments Off on Just Compensation-Deceased used to do work of sale of milk and vegetable seller-Income assessed as Rs. 5.000/- p.m– In facts circumstances of case after applying multiplier of 17; One-third personal deduction; adding for future prospects; loss of consortium total compensation of Rs 20 lakhs awarded.

Motor Vehicles Act, 1988, S.166-Accident-Claimant-Minor brother of deceased cannot be held to be dependent on deceased—Widow of deceased who had remarried is also not entitled to compensation.

By | October 23rd, 2017|Income, Multiplier|

Comments Off on Motor Vehicles Act, 1988, S.166-Accident-Claimant-Minor brother of deceased cannot be held to be dependent on deceased—Widow of deceased who had remarried is also not entitled to compensation.