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1 - 10 of 28 (0.63 seconds)Section 15 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Arvind Kumar Mishra vs New India Assurance Co. Ltd. & Anr on 29 September, 2010
"11. What requires to be assessed by the
Tribunal is the effect of the permanently
disability on the earning capacity of the
injured; and after assessing the loss of
earning capacity in terms of a percentage
of the income, it has to be quantified in
terms of money, to arrive at the future loss
of earnings (by applying the standard
multiplier method used to determine loss of
dependency). We may however note that
in some cases, on appreciation of evidence
and assessment, the Tribunal may find
that percentage of loss of earning capacity
as a result of the permanent disability, is
approximately the same as the percentage
of permanent disability in which case, of
course, the Tribunal will adopt the said
percentage for determination of
MACT No. 400/08 Dilbagh Singh Vs. Ram Avtar 22 of 38
compensation (see for example, the
decisions of this Court in Arvind Kumar
Mishra v. New India Assurance Co. Ltd.
2010 (10) SCC 254 and Yadava Kumar v.
D.M., National Insurance Co. Ltd. 2010
(10) SCC 341.
Ishwar Chandra & Ors vs The Oriental Insurance Co. Ltd. & Ors on 8 March, 2007
[(ii) if the person referred to in subÂ
clause (i), has attained the age of fifty
years on the date of issue or as the case
may be, renewal thereof, be effective, on
payment of such fee as may be prescribed,
for a period of five years from the date of
such issue or renewal:]
Provided that every driving licence shall,
notwithstanding its expiry under this subÂsection continue
to be effective for a period of thirty days from such
expiry." (emphasis supplied)
25 Hon'ble Apex Court in Ishwar Chandra (supra), the
judgment relied on by learned counsel for R3, quoted with
approval its earlier judgment in Swaran Singh and stated that as
per proviso to Section 14 of the Act licence remains valid for a
period of 30 days from the date of its expiry.
Ramakrishna Reddy vs The Manager, Purchase, Hindustan ... on 25 September, 2001
34. Hon'ble Karnataka High Court in Ramakrishana Reddy v.
Manager, HMT Ltd., 2003 ACJ 105 had denounced tendency of
MACT No. 400/08 Dilbagh Singh Vs. Ram Avtar 18 of 38
insurance companies to take each and every defence without
bothering to verify the same before filing their written
statement. Such attitude of Insurance Companies was termed as
"play it safe" "deny everything await the award".
R.K. Malik & Anr vs Kiran Pal & Ors on 15 May, 2009
39 "No amount of money can restore the lost limb or the
experience of pain and suffering due to loss of life. Loss of life
a limb can never be eliminated or ameliorated completely".
(Hon'ble Apex Court in R.K. Malik & another v. Kiran Pal 2009
ACJ 1924).
General Manager, Kerala S.R.T.C vs Susamma Thomas on 6 January, 1993
In view of the judgment in Susamma Thomas & Others
(supra) for appropriate investments to safeguard the amount
from being frittered away by the petitioner owing to his
ignorance, illiteracy and being susceptible to exploitation,
following arrangements are hereby ordered:
Raj Kumar vs Ajay Kumar & Anr on 18 October, 2010
In Raj Kumar v. Ajay Kumar & Anr., 2011 (1) SCC 343,
Supreme Court held that compensation on account of loss of
earning capacity has to be granted in accordance with the nature
of job of the victim of motor accident.