Motor Vehicles Act, 1988  - Motor Accident Claim

Compensation - Determination of - Death of only son-claimant mother of the deceased - Compensation which is required to be determined must be just - Claimants are required to be compensated for loss of their dependency but same should not be considered to be a windfall - Unjust enrichment should be discouraged - Supreme Court cannot lose sight of fact in the given cases.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 110

Motor Accident - Compensation - Loss of future earnings - Payment of just compensation to victims and/or successor of deceased - Application of rigid formula may not be applied.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 163-A

Motor Accident - Compensation - Legislative Intention - Determination of - Parliament in its wisdom thought to provide for a higher amount of compensation in case of permanent total disablement and proportionate amount of compensation in case of permanent partial disablement depending upon percentage of disability.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 163-A

Motor Accident - Compensation - Multiplier - Applicability of - No fault liability - Multiplier mentioned in Second Schedule may be taken to be a guide but same is not decisive - Amount of compensation is to be determined on basis of fault liability.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 163-A

Motor Accident - Second Schedule - Compensation - Determination of - Quantum of compensation upon applying multiplier system - Amount higher than mentioned in the schedule - Amount of compensation specified in Second Schedule only is required to be paid.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 163-A

Motor Accident - Compensation - Second Schedule - Pre-determined formula for payment of compensation - Payment of compensation to victims on basis of Age/Income which is more liberal and rational - Logic as to why in similar situation injured, claimant or his heirs legal representative in case of death and on proof of negligence on part of driver of motor vehicle would get lesser amount than one specified in Second Schedule - The Court should also bear that factor in mind.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 163-A

Motor Accident - Compensation - Multiplier - Applicability of - Multiplier in terms of Second Schedule is required to be applied in a case of disability in non-fatal accident - Case of death in no fault liability case or case of permanent total disability and permanent partial disability - Consideration for payment of compensation in terms of Second Schedule is to be applied by different norms.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 163-A , Section 166 , Section 147

Compensation - Entitlement of - Claim under section 163-A - Deceased driving borrowed vehicle - Accident took place - No other vehicle involved in accident - Deceased not an employee of the owner of motor vehicle - Not entitled of compensation u/sec 163 A.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 166

Workmen's Compensation Act, 1923 - section 3 and 4-A - Disability - Assessment of - Earning capacity - Right leg of driver fractured - 15% Disability assessed.

Found In:  Judgement

Motor Vehicles Act, 1988  - Section 166 , Section 173

Employees State Insurance Act, 1948 - Section 53 - Bar under claim for compensation under any other law - Bar applicable in respect of claim under Motor Vehicles Act.

Found In:  Judgement