Divisional Controller, K.S.R.T.C. Vs. Mahadeva Shetty
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Motor Vehicles Act,1988 - Section 166
- Injury in accident - Treatment given in Government Hospital - Taken into consideration while awarding damages - Rs. 50,000/- awarded for treatment.
Motor Vehicles Act,1988 - Section 166
Claimant a mason by profession - Did not have permanent job - Became paraplegic because of accident - Hospitalised for seven weeks - Tribunal took into consideration the possibility of non-engagement and notional income fixed at Rs. 12,000/- - High Court enhanced it to annual income Rs. 15,000/- - View of Tribunal appears to be rational - Annual income reduced to Rs. 12,000/-.
Motor Vehicles Act,1988 - Section 166
Motor Accident - Loss of marital life and the non-possibility of marriage - Bus plunged into a pit from a great height - Not act of God - Compensation cannot be refused - Every unexpected wind and storm does not operate as an excuse from liability if there is reasonable possibility of anticipating their happening.
Motor Vehicles Act,1988 - Motor Accident Claim
Act of God - Signifies the operation of natural forces free from human intervention, such as lightning, storm etc. - It may include such unexpected occurrences of nature as severe gale, snow-storms, hurricanes, cyclones, tidal waves and the like - But every unexpected wind and storm does not operate as an excuse from liability, if there is a reasonable possibility of anticipating their happening.
Topic(s)-Injury in accident , Claimant a mason by profession , Act of God
Important Decision(s)- Act of God - unexpected occurrences of nature as severe gale, snow-storms, hurricanes, cyclones, tidal waves and the like - But every unexpected wind and storm does not operate as an excuse from liability.