Comments Off on Accident–Multiplier–The deceased was 50 years old at the time of accident and falls in the age group of 46-50 and not in the age of 51-55, multiplier of ’13’ is to be applied instead of *11
Comments Off on Motor Vehicles Act, 1988, S.166–Accident–Multiplier~Multiplier has to be applied with reference to age of deceased and not of the claimants.
Comments Off on Accident–Multiplier—Appellant suffered 65% disability—He was a student therefore his annual income has to be assessed as Rs. 15.000/- p.a.–Multiplier of ’16’ has to be applied since the appellant was about 16 years of age on the date of the accident
Comments Off on Accident—Multiplier—Variation in age of deceased as mentioned in various documents on record—Age which would be more beneficial to the heirs of the deceased should be taken as the M.V. Act, 1988 has been enacted as a beneficial piece of legislation for the welfare of third parties involved in accident.
Comments Off on Motor Vehicles Act, 1888, S.183-A—Accident-Multiplier—Appellant suffered 65% disability-He was a student therefore his annual income has to be assessed as Rs. 15,000 – p.a.–Multiplier of ’16’ has to be applied since the appellant was about 16 years of age on the date of the accident
Comments Off on Motor Vehicles Act, 1988, S.136~Accident—Multiplier–Deceased was aged about 24 years—Thus, multiplier of 18 was to be applied and not 16
Comments Off on Accident—Love of Affection—Even the father would be entitled to be compensated on account of loss of love and affection, even though he was not dependent on the deceased.Accident—Multiplier—Multiplier has to be assessed by keeping in view the age of deceased and not age of claimant as held in Munna Lai Jain’s case.
Comments Off on Accident–Multiplier–That for the person of the age of 50, who had not reached the age of 51, the multiplier applicable is of the age group of 46 to 50 and not of 51 to 55, as such, the Tribunal has wrongly applied multiplier of 10 while calculating amount of dependency-Multiplier applicable to age group of 45 to 50 is 13.
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.
Comments Off on Accident-Consortium–Age of deceased is also a determining factor for towards loss of consortium—Where the deceased was in advance age the loss of consortium will be comparatively less
Comments Off on Accident—Liability to pay compensation, other than the driver of the vehicle, would fall upon the real owner of the vehicle, whether or not he was the registered owner thereof.
Comments Off on Accident—Multiplier—Deceased was to be in service for further four years-Multiplier of 9 was to be applied for a period of four years and thereafter, the multiplier of 7 should have been applied on pension.
Comments Off on Accident—No fault liability—The correct method to assess the income of a deceased, would be in terms of the notified wages applicable on the date of the accident.