Search Results Page
Search Results
1 - 10 of 10 (0.28 seconds)Section 1 in The Fatal Accidents Act, 1855 [Entire Act]
Hirji Virji Transport And Ors. vs Basiranbibi Wd/O. Mohamedmiya ... on 17 December, 1970
The High Court of Gujarat in the case of M/s. Hirji
Virji Transport & Ors. vs. Basiranbibi (1971) 12 Gujarat Law
Reporter 783 referred to all the three judgments of this
Court mentioned above, considered the principles laid down
in Davies and Nance and explained the law to be applied for
ascertaining the damages in such cases.
C. K. Subramonia Iyer & Ors vs T. Kunhikuttan Nair And 6 Ors on 8 October, 1969
The same view in regard to the range for a healthy
young man was expressed by this Court in C.K.S.Iyer vs.
T.K.Nair (AIR 1970 SC 376).
General Manager, Kerala S.R.T.C vs Susamma Thomas on 6 January, 1993
The situation has now undergone a change with the
enactment of the Motor Vehicles Act, 1988, as amended by
Amendment Act, 54 of 1994. The most important change
introduced by the amendment insofar as it relates to
determination of compensation is the insertion of Section
163A and 163B in Chapter XI entitled 'Insurance of Motor
Vehicles against Third Party Risks'. Section 165A 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 Schedule, we find
a table fixing the mode of calculating of compensation for
third party accident injury claims arising out of fatal
accidents. The first column gives the age 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 deceased victim. According to this table the
multiplier varies from 5 to 18 depending on the age group to
which the victim belonged. Thus, under this schedule the
maximum multiplier can be upto 18 and not 16 as was held in
Susamma Thomas' case.
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Gobald Motor Service Ltd. & Another vs R. M. K. Veluswami & Others on 14 April, 1961
The topic of compensation for causing death by
negligent driving came up for serious discussion before this
Court in Gobald Motor Services Limited & Ar. vs. R.M.K.
veluswami and others AIR 1962 SC 1.
Section 110B in Motor Vehicles Act, 1939 [Entire Act]
Municipal Corporation Of Delhi vs Subhagwanti & Others(With Connected ... on 24 February, 1966
The compensation to be awarded has two elements. One is
the pecuniary loss to the estate of the deceased resulting
from the accident, the other is the pecuniary loss sustained
by the members of his family for his death. The Court
referred to these two elements in the Gobald Motor Service's
case. These two elements were to be awarded under Section 1
and Section 2 of the Fatal Accidents Act, 1855 under which
the claim in that case arose. The Court in that case
cautioned that while making the calculations no part of the
claim under the first or the second element should be
included twice. The Court gave a very lucid illustration,
which can be quoted with profit:
1