Accident Cases IQ 58% and suffered 100% permanent disability in relation to whole body- HELD Appellant/ claimant being 20 years of age, future prospects @ 40% should also be granted – Rs.1 Lakh is awarded under the head of future medical treatment which shall cover expenses for special diet as well as transportation — Rs. 8,64,000/- awarded towards Attendant charges — As the disability in this case is 100%, Rs.6 Lakhs compensation is granted under non-pecuniary heads — Rs.2 Lakhs is granted for loss of marriage prospects – Total of compensation comes to Rs. 48,05,142 November 20, 2022November 20, 2022 phlaw
Accident Cases FIR is not a substantive piece of evidence – It is only during investigation of the case that police can come to know about the culprit, who had committed the crime — Therefore, non-mentioning of the details with regard to the offending vehicle and its driver in the FIR do not affect the case of the claimants adversely. November 20, 2022November 20, 2022 phlaw
Accident Cases Multiplier Split multiplier — HELD determination of compensation applying two multipliers is clearly erroneous and run counter to the judgment of SCOI October 11, 2022 phlaw
Accident Cases Deceased was working as Manager in the said Regent Strips Pvt. Ltd. – Highly qualified doing M. Phil. – Compensation to be paid on account of the death of the deceased ought to be worked out by considering his monthly income at Rs.15,000 September 24, 2022 phlaw
Accident Cases HELD – Death in accident – If 25% of Rs. 3,000/- per month is considered towards future prospects and rise in income and thereafter loss of dependency is determined, it can be said to be just compensation September 24, 2022 phlaw
Accident Cases HELD insurance company not only to plead the breach of conditions of an insurance policy but also to substantiate the same by adducing positive evidence. In the absence of any evidence it cannot be presumed that there was a breach of the conditions of the insurance policy. Dismissed September 5, 2022 phlaw
Accident Cases Following ‘Hafizun Begum vs. Md. Ikram Haque & others’, 2007(10) SCC 715 claim petition by siblings of unmarried deceased maintainable. Income assessed as per per the minimum wages notified by the State September 5, 2022 phlaw
Accident Cases Compensation under the head on account of loss of love and affection is not permissible but compensation on account of spousal consortium for wife and for the parental consortium for children is admissible. HELD Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Act, 1988 which is summary in nature August 16, 2022 phlaw
Accident Cases Post-accident agony for whole life – HELD under the head “pain, shock and suffering”, amount of compensation deserves to be granted July 10, 2022 phlaw
Accident Cases FIR was lodged after the death of the injured – Therefore, the delay of fours days in lodging the FIR would not be of much relevance.- Proceedings before the Tribunal under Section 166 of the Motor Vehicles Act, 1988, is summary proceeding in the nature of enquiry for the purpose of assessment of just and proper compensation which is awarded to the claimants and for that purpose, strict proof of the issues, which is required in a criminal trial, would not be required. December 25, 2021 phlaw
