Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Quantum of compensation for serious head injuries — Claimant sustained grievous head injuries requiring neurosurgical intervention, portion of skull bone was surgically removed and preserved for subsequent re-fixation, and injuries caused prolonged pain, suffering and mental...
Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Loss of income during treatment and recovery — In absence of documentary proof of earnings, income could not be fixed at lowest minimum wage without some realistic guesswork - Notional income was assessed at Rs....
Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Medical expenses and hospitalization — Though bills were produced for Rs. 4,14,000, compensation under medical expenses and hospitalization was reassessed at Rs. 7,00,000 keeping in view cost factor prevailing at time of accident, follow-up treatment...
Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Pain and sufferings and facial disfigurement — Non-pecuniary compensation must be reasonable and commensurate with gravity of injuries, extent of disability, duration of hospitalization, and mental and physical agony endured - Considering invasive surgery, serious...
Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Special diet, conveyance and attendant charges — Where serious injuries require prolonged post-operative care, inadequate compensation under these heads calls for enhancement. The amount under these heads was reassessed at Rs. 4,00,000. (Paras 10 and 11)
Motor Vehicles Act, 1988, Section 166 — Interest on compensation — The grant of interest at 7% per annum was found not equitable and just - Interest on the enhanced compensation was increased to 9% per annum from the date of institution of the claim...