Motor Vehicles Act, 1988, Ss.166, 140, Motor Vehicles Act, 1939, Ss.110-A, 92-A - Accident - Compensation - No Fault Liability is interim and summary in nature and cannot substitute adjudication of just compensation u/s 110-A of 1939 Act or S.166 of 1988 Act - Tribunal confined the award to S.92-A...
Motor Vehicles Act, 1939, S.110-A — Accident - Compensation - Negligence — Doctrine of res ipsa loquitur applied - Heavy truck turning turtle on the road after sudden braking on a village road where pedestrian presence is not unexpected raises an inference of negligent handling...
Motor Vehicles Act, 1988, Ss.166, 140, Motor Vehicles Act, 1939, Ss.110-A, 92-A - Accident - Compensation - Assessment of income in absence of documents — Act being a beneficial welfare legislation, a pragmatic assessment of income at Rs.1,000 per month for 1987 was affirmed considering the...
Motor Vehicles Act, 1988, S.166 -- Accident - Total compensation — Deceased was 45 years of age at the time of accident, multiplier of 14 is applied as per Sarla Verma case - Being self employed, 25 percent is added towards future prospects, deduction for personal...
Legal Maxims — Res Ipsa Loquitur — Meaning and application — Thing speaks for itself. (Para 7)
Practice and Procedure — Burnt or destroyed record — Appeal decided on the basis of reconstructed record including the impugned award when original lower Court record was unavailable. (Para 3)
