LOG IN REQUIRED TO READ THE judgment
(i) motor vehicles act, 1988 (59 of 1988) Section 166 – Negligence – Of the offending vehicle is concerned, there could not have been a witness better than the person traveling in the said car co-passenger has deposed in categoric terms that the accident had taken place due to the negligent driving of the offending car; which stands insured by the present appellant.
(ii) Motor Vehicles Act, 1988 (59 of 1988) Section 166 – F.I.R. in question has been got registered by none other than the driver of the offending car – Therefore, it is but natural that he would try to save his skin only – This fact has also been highlighted by the subsequent conduct of the driver of the offending car in not appearing before the Tribunal even to prove his claim made in the F.I.R.
(iii) Motor Vehicles Act, 1988 (59 of 1988) Section 166 – Compensation that Physical disability is assessed to be 50% then there is no justification for granting compensation for disability to the extent of 100% – Argument is without any force – The disability of the injured, with reference to loss of income, has to be assessed in terms of the functional disability of the injured.