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...suffered by the victim due to rash and negligent driving of the motor vehicle. Payment of “Just Compensation” to the Claimant is not contemplated under the special provision. Method of calculation ...the Compensation payable to the Claimants in case of Fatal accident as mentioned in different horizontal columns corresponding to different age and income group of the victim does not match with the amount...worked out Compensation to the Claimants depending upon the age group and the income group of the victim. However, in case of Non-Fatal Accident, Application of judicial mind is necessary for ...
...of compensation in accident cases. Note 5 of the Schedule deals with disability in non-fatal accidents and reads as follows:“5. Disability in non-fatal accidents...The following compensation shall be payable in case of disability to the victim arising out of non-fatal accidents.... While assessing compensation in accident cases, the High Court or the Tribunal must take a reasonably compassionate view of things. It cannot be disputed that the appellant being a painter has to earn...
..., and other like matters of speculation and doubt.”6. There were two methods adopted to determine and for calculation of compensation in fatal accident acti...649 in the matter of fixing the appropriate multiplier and computation of compensation. In a fatal accident action, the accepted measure of damages awarded to the dependants is the pecunia...about 33 years of age at the time of accident. The claimants i.e Respondents 1 to 4 filed claim petition claiming compensation under Section 173 of the Motor Vehicles Act, 1988 (in short “the Act”). It...
...obstante clause and provides for payment of compensation, as indicated in the Second Schedule, to the legal representatives of the deceased or injured, as the case may be. Now if we turn to the Second Schedule, we find a ta...accidents are everyday affairs. A large number of claims for compensation for injury caused by road accidents are pending in various Motor Accident Claims Tribunal. In a fatal accident the dependants ...multiplier for determination of compensation to be awarded to the legal representatives of a victim of a road accident. The question arises in the backdrop of the following facts...
...assess as best as it can the loss suffered.13. There were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first, the...(1966) 3 SCR 649, AIR 1966 SC 1750 in the matter of fixing the appropriate multiplier and computation of ...judgment rendered by a Division Bench of the Kerala High Court holding that the appellant was liable to pay compensation to Respondent 1 for the injuries sustained by him in an automobile accident. The...
...adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in Davies case 1942 AC 601, (1942) 1 All ER 657 (HL..., AIR 1966 SC 1750 in the matter of fixing the appropriate multiplier and computation of compensation. In a fatal accident action, the acc...legality of the judgment rendered by a Division Bench of the Madras High Court dismissing the appeal filed by the Corporation. By the impugned order the Division Bench confirmed the compensation awarded...
...for determination and for calculation of compensation in fatal accident actions. This Court has preferred the multiplier method adopted in Davies case 1942 AC 601, (1942) 1 All ER 657...163-B in Chapter XI entitled ‘Insurance of motor vehicles against third-party risks’. Section 163-A begins with a non obstante clause and provides for payment of compensation, as indicated in the Second Schedule, to the leg.... Jenkins 1913 AC 1, (1911-13) All ER Rep 160 (HL), the House of Lords laid down the test that award of damages in fatal accident action is compensation for the...
...the court must try to assess as best as it can the loss suffered.12. There were two methods adopted for determination and for calculation of compensation in fatal accident actio...Court of Kerala in M.F.A No. 661 of 1986 enhancing compensation in a fatal accident action from a sum of Rs 58,760 to a sum of Rs 2,64,000. The respondents-claimants are the parents, wido...and a claim for injury, loss or damage, which the deceased would have had, had he lived, and which survives for the benefit of his estate.7. In a fatal accident action...
...to determine and for calculation of compensation in fatal accident actions, the first the multiplier method mentioned in Davies case (1942) 1 All ER 657, 1942 AC 601...(1966) 3 SCR 649, AIR 1966 SC 1750 in the matter of fixing the appropriate multiplier and computation of ...compensation of Rs 5,12,000 to the respondents (hereinafter referred to as “the claimants”). One Rajveer Singh (hereinafter referred to as “the deceased”) died in a motor accident on 29-11-1990. The...
...proper multiplicand and multiplier in fatal accident cases in the light of decided cases in this country as well as in England and laid down principles for computing compensation in motor vehicle accident ...principles in computing compensation in such fatal accidents' cases and that once it was held that the accident was caused on account of sole negligence of Respondent 2, driver of the truck, looki...compensation payable by Respondents 1 and 2 to the appellants. They have obtained special leave to appeal under Article 136 of the Constitution of India from this Court and that is how this appeal was...
...were two methods adopted to determine and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in Davies case 1942 AC 601, (1942) 1 All...(1966) 3 SCR 649, AIR 1966 SC 1750 in the matter of fixing the appropriate multiplier and computation of ...compensation was made. Considering the evidence on record the Tribunal came to hold that the claimants were entitled to Rs 8,34,784 as compensation. Age of the deceased was taken to be 34 years. With...
...to determine and for calculation of compensation in fatal accident actions. The first multiplier method was mentioned in Davies v. Powell Duffryn Associated Collieries Ltd...:One Anil lost his life in a vehicular accident on 17-6-1999. The respondents filed a claim petition in terms of Section 166 of the Motor Vehicles Act, 1988 (in short “the Act”). It was....3. The stand taken by the insurer was that the accident took place only due to the negligence of the deceased and there was no negligence on the part of the driver. It was also submitted...
...:“17. … Section 163-A begins with a non obstante clause and provides for payment of compensation, as indicated in the Second Schedule, to the legal representatives of the deceased or injure...R.V Raveendran, J.— The claimants in a motor accident claim have filed this appeal by special leave seeking increase in compensation. One Rajinder Prakash died on account of...)“In fatal accident action, the measure of damage is the pecuniary loss suffered and is likely to be suffered by each dependant as a result of the death...
...at this stage on behalf of Insurance Company.6. The Insurance Company has not challenged quantum of compensation awarded by tribunal. Its grievance is that method of calculation of ...passenger on the said vehicle.2. On his application for compensation under Section 110A of the Motor Vehicles Act, 1939, tribunal assessed a sum of Rs. 98,000.../- with simple interest @ 10% per annum with effect from 5.5.1989 till payment to be made to him as compensation by insurer of the said vehicle.3. The Insurance Company, in the present...
...Third Party Risks’. Section 163-A begins with a non obstante clause and provides for payment of compensation, as indicated in the Second Schedule, to the legal representatives of the deceased or injured, as the case may be....G.S Singhvi, J.— Leave granted. What should be the criteria for determination of the compensation payable to the dependants of a woman who dies in a road accident and who does...appellants filed a petition under Section 166 of the Motor Vehicles Act, 1988 (for short “the Act”) for award of compensation of Rs. 19,20,000 by asserting that the accident was caused due to rash...
...and for calculation of compensation in fatal accident actions, the first the multiplier mentioned in Davies case 1942 AC 601, (1942) 1 All ER 657 and the second in..., (1966) 3 SCR 649 in the matter of fixing the appropriate multiplier and computation of compensation. In a fatal accident action, the accept...”).3. One Sathyabalan (hereinafter referred to as “the deceased”) was the driver of the appellant Corporation and was travelling in the Corporation bus. The vehicle met with an accident...
...service of notice.8. “12. There were two methods adopted for determination and for calculation of compensation in fatal accident actions, the first multiplier meth...:‘98. Assessment of damages under the Fatal Accident Act, 1976.—The courts have evolved a method for calculating the amount of pecuniary benefit that dependants could r...compensation as fixed by the learned First Additional District Judge-cum-Motor Accidents Claims Tribunal, Haridwar (in short “MACT”). MACT had awarded compensation of Rs 1,84,500 along with interest @ 9...
...person is fixed as
Rs.15,000/= per year and after deducting one third , Rs.10,000/=
can be taken for calculation of compensation. In this fatal
accident case, the motor accident victim is an...section 163-A, if age and income at the time of
the accident is determined, the compensation is fixed in the case of
fatal accidents as mentioned in the second schedule. If there is only
permanent...Koshy, J:
A 7 year old child died in a motor accident. Father and
mother of the child approached the Motor Accidents Claims
Tribunal, Pala for compensation. Even though...
...‘Insurance of Motor Vehicles Against Third Party Risks’. Section 163-A begins with a non obstante clause and provides for payment of compensation as indicated in the Second Schedule, to the legal representatives of...the maximum multiplier can be up to 18 and not 16 as was held in Susamma Thomas' case, 1994 ACJ 1 (SC).(18) We must at once point out that the calculation of compensation and the...judgment.2. Vehicle, i.e, bus No. DL 1-P 6566 being insured with appellant and owned by Sachitra Bhalla at the time of accident under a legal and valid policy was not disputed at the time...
...-A begins with a non obstante clause and provides for payment of compensation, as indicated in the Second Schedule, to the legal representatives of the deceased or injured, as the case may be. Now if we turn to the Second S....4. Issue No. 3 was framed with regard to the amount of compensation and the Claims Tribunal after considering the evidence on record held that the deceased was 32 years old at the time of accident...group of the victims of accident, the second column indicates the multiplier and the subsequent horizontal figures indicate the quantum of compensation in thousand payable to the heirs of the...