Motor Vehicles Act,1988  - Section 166

Compensation - Deceased wife of appellant No.1 and mother of appellant No. 2 - Death in road accident due to rash and negligent driving by the driver of the offending truck - Tribunal noted the monthly income of appellant No.1 at Rs. 15,416/- and on basis of clause 6 of Second Schedule of the Act took at Rs. 5,000/- per month - After deducting one third towards personal expenses of the deceased and applying multiplier of 15 found the amount of compensation to be Rs. 6 lacs but awarded compensation at Rs. 2,50,000/- only - Categorical statement of appellant No.1 that deceased was earning Rs. 50,000/- per annum by paintings and handicrafts - Tribunal did not consider this fact and even working out the dependency at Rs. 6 lacs, awarded compensation only at Rs. 2,50,000/- Impugned judgment and also award of Tribunal set aside - Compensation directed to be paid to the claimant amounting to Rs. 6 lacs with interest @ 6% p.a.

Found In:  Topic Index, Judgement

Motor Vehicles Act,1988  - Compensation

Vehicular Accidents - Compensation - Dependants of woman dying in road accident - Not possible to quantify any amount in lieu of services rendered by the wife/mother to husband and the children - For awarding compensation some pecuniary estimate has to be made - Services require to be given broad meaning - Most unrealistic to compare the gratuitous services of house wife/mother with work of a skilled worker.

Found In:  Topic Index, Judgement

Motor Vehicles Act,1988  - Section 166

Second Schedule, Clause (6) - Notional income of woman categorised as one third of income of earning and surviving spouse - Without properly appreciating the value of services rendered by the home maker and not based on any apparently rational basis-Services produced in home by the women for other members of the household - Important and valuable form of production - Possible to put monetary value to these services - Time has come for the Parliament to have a rethinking for properly assessing the value of homemakers and householders work and suitably amending the provisions of the Acct.

Found In:  Topic Index, Judgement

Motor Vehicles Act,1988  - Section 166

Claim - Tribunal found death of deceased - Rash and negligent driving - Awarded compensation of Rs.14,27,496/- with interest @ 9% p.a. - High Court - Reduced compensation to Rs.11,82,000/- - Appeals - High Court introduced - Concept of split multiplier - Departed from the multiplier -Used by Tribunal without disclosing any reason - High Court not considered - Prospect of future increment of deceased - Supreme Court - Compensation of Rs.18,00,000/- with rate of interest granted by Tribunal - Appeals allowed - No costs.

Found In:  Judgement