Motor Vehicles Act
MVA S.168 – Compensation – Reduction – ‘loss of consortium’ only an amount of Rs. 40,000/- is permissible
MVA S.168 - Compensation - Reduction – ‘loss of consortium’ only an amount of Rs. 40,000/- is permissible - Towards...
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MVA S.168 – Compensation – Reduction – In the absence of appeal or cross-objection
MVA S.168 - Compensation – Reduction - In the absence of appeal or cross-objection, grant of compensation under any head...
Read moreMVA S. 168 – Deceased – Housewife – Aged 25 year – Accident 2012 – Income taken at Rs. 7500/- (increased from Rs. 6000/- taken by High Court) – Future prospects 40% – Loss of foetus Rs. 1,00,000/- [SC]
Motor Vehicles Act, 1988 (59 of 1988), S. 168 - Deceased – Housewife – Aged 25 year – Accident 2012...
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MVA S. 166- Student of MBA – Income taken Rs. 30,000/-
Motor Vehicles Act, 1988 (59 of 1988) S. 166 – Age 23 years - Student - Engineering graduate pursuing an...
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MVA – S. 166 – Deceased – Aged 48/52 years – 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.
Motor Vehicles Act, 1988 S. 166 - Deceased - Aged 48/52 years - Accident 2002 - Mason – Income taken...
Read moreMVA S. 166 – Just compensation – Court can award more than the claimed amount
Motor Vehicles Act, 1988, Section 168 - Just compensation - There is no restriction that the Court cannot award compensation...
Read moreMVA S. 166 – Working in DOHA – Dependancy – Deduction – 40% instead of 2/3rd
Motor Vehicles Act, 1988, Section 166, 168 - Loss of dependency - Working in Doha – Looking at high cost...
Read moreMotor Vehicles Act, 1988, Section 166 – Appeal – Claimants did not filed any appeal seeking enhancement of compensation awarded by the Tribunal before the High Court – Appeal filed by the Insurance Company was accepted – Appellant-Claimants held entitled to enhanced compensation in exercise of powers conferred under Article 142 of the Constitution.
readHERE (2022-3)207 PLR 392 (SC) , 2022 SCeJ 1007, PLRonline 413573 (2022-3)207 PLR 392 (SC) , 2022 SCeJ 1007, PLRonline...
Read moreMotor Vehicles Act, 1988, Section 166 – Daughters of deceased not impleaded as claimants – It is immaterial as the amount of compensation payable by the tortfeasor will not get enhanced because of the daughters being party to the claim application – It is since the daughters are married, the mother has not impleaded, the daughters as the claimants – It is not really of any consequence as held by the High Court.
readHERE (2022-3)207 PLR 392 (SC) , 2022 SCeJ 1007, PLRonline 413573 (2022-3)207 PLR 392 (SC) , 2022 SCeJ 1007, PLRonline...
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MVA S. 166- Evidence – Report of accident after 1 month – FIR did not contain details of offending car – First time disclosed in Affidavit – Company Liable
Motor Vehicles Act, 1988, Section 166 - Evidence - Rule of evidence to prove charges in a criminal trial cannot...
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MVA S. 166- Owner of a financed truck – Income reduced for the period he is to pay the installments.
Motor Vehicles Act, 1988 S. 166 – Deceased - Owner of a Truck which was financed – He was...
Read moreMotor Vehicles Act, 1966, – Comprehensive policy – Pillion rider on two wheeler – Passenger in car – Insurance company liable.
Motor Vehicles Act, 1966, - Comprehensive policy – Pillion rider on two wheeler - Passenger in car - All the...
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MVA S. 166 – Evidence – Where the owner and driver of tractor failed to produce the original or certified copy of the insurance policy, the Tribunal should have drawn an adverse inference against them – Insurance Company not liable.
Motor Vehicles Act, 1988 (59 of 1988) Section 166 – Insurance – Officer of the Insurance Company appeared in evidence...
Read moreMVA 1988 S. 149(2) – Insurance company – Defences under.
Motor vehicles Act, 1988 – S. 149(2) - When an insurer is impleaded as a party respondent to the...
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MVA S. 166 – Is dependency a relevant criterion in a claim petition
MVA S. 166 – Is dependency a relevant criterion in a claim petition Deepa George; Advocate , Mathews K. Philip,...
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