Article 227 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- 50% amount in fixed deposits – Revision against -- All the claimants are major by age; having lived a considerable number of years of social life -- While lying in F.D., the money may not generate the same additional value as it can create through a business enterprise or other means of income, which can be created through this money -- Petition allowed, order passed by the Court below; to the extent it has retained the 50% of the amount in the fixed deposits set aside -- Hence, entire amount ordered to be released to the petitioners, in accordance with law.

(P&H HC) Decided on: 14.07.2021

Article 227 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- 50% amount in fixed deposits – Revision against -- All the claimants are major by age; having lived a considerable number of years of social life -- While lying in F.D., the money may not generate the same additional value as it can create through a business enterprise or other means of income, which can be created through this money -- Petition allowed, order passed by the Court below; to the extent it has retained the 50% of the amount in the fixed deposits set aside -- Hence, entire amount ordered to be released to the petitioners, in accordance with law.

(P&H HC) Decided on: 14.07.2021

Article 227 -- Code of Civil Procedure, 1908 (V of 1908), Order 21 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Execution of order -- Revisional Court’s power -- Enhancement of compensation by High Court in Appeal was ordered to be invested in a FDR and the interest accruing thereon be paid to the petitioner/ claimant – Ordering any deviation in the mode of investment would tantamount to modification of the judgement – High Court, while exercising jurisdiction under Article 227 of the Constitution of India, cannot modify the judgement and that too in proceedings arising out of execution of that very judgement.

(P&H HC) Decided on: 08.04.2021

Article 142 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Deceased aged 35 years – Five dependent -- A photocopy of the original ITR for the year 2006-07, bearing the rubber stamp of the Income Tax Department shows that the date of filing the ITR was prior to the death of the deceased -- Hence, the High Court was not justified in disregarding the ITR for the year 2006-07 while assessing the income of the deceased -- ITRs for the assessment years 2005-06 and 2006-07 reflects the income of approximately Rs. 1,00,000 p.a. made basis for computing the compensation – Future prospects 40% and deduction towards his personal expenses made by 1/4th -- Multiplier adopted at 16 is appropriate -- Under the conventional heads Rs. 70,000/- (Loss of estate Rs. 15,000/- + Funeral expenses Rs. 15,000/- + Loss of consortium Rs.40,000/-) awarded – Total compensation comes to Rs.17,50,000/- -- Though the claimant did not file appeal before the High Court, Supreme Court by exercising powers under Article 142 enhanced the same to do complete justice between the parties – Interest @ 7.5% p.a. awarded from date of filing the claim petition.

(SC) Decided on: 16.06.2020

Article 142 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in Motor vehicle accident case -- Unskilled worker – Income above minimum wages -- Future prospects -- Nature of employment of deceased-- Deceased was unmarried 24 years old – Old Father and unmarried sister – Dependency of -- Future Prospects of 40% given -- Deduction towards personal expenses -- Considering that the deceased was living in a village, where he was residing with his aged father who was about 65 years old, unmarried sister, deduction of 1/3rd towards personal expenses of the deceased affirmed -- High Court took income of deceased to be Rs. 6,000, which is marginally above the minimum wage of an unskilled worker at Rs. 5,342/- -- Finding affirmed -- Rs. 1,00,000 towards loss of love and affection awarded by High Court, affirmed -- Compensation towards funeral expenses Rs.15,000 -- Motor Vehicles Act is a beneficial and welfare legislation -- Court is duty-bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the Claimant – In exercise of power under Article 142, and in the interests of justice, Rs. 15,000 awarded towards Loss of Estate to Father and Sister -- An amount of Rs. 40,000 each for loss of Filial Consortium to father and sister each granted -- Total compensation awarded Rs.14,25,600/- alongwith interest @ 12% p.a. from the date of filing of the claim petition till payment.

(SC) Decided on: 18.09.2018

Article 136 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in motor vehicle accident case – Just and reasonable compensation – Interference at Appellate jurisdiction of Supreme court -- When under one head, reasonable amount has been awarded and under another head, nothing has been awarded though it should have been so awarded and at the same time, eventual figure of the award of compensation payable to the claimants appears to be just and reasonable then in such eventuality, Supreme Court do not consider it proper to interfere in such award in appellate jurisdiction under Article 136 of the Constitution.

(SC) Decided on: 23.01.2017

Article 39A -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Amicus Curiae -- Compensation in motor vehicle injury case – When this matter was listed, neither the counsel on record nor the arguing counsel on behalf of the appellant was present on a number of dates of hearing despite granting several opportunities to him -- Keeping in view Article 39A of the Constitution of India, amicus curiae was appointed on behalf of the appellant.

(SC) Decided on: 18.02.2015

Article 142 -- Motor Vehicles Act, 1988 (59 of 1988), Section 166 – Compensation in Motor vehicle accident – More than claimed amount – Right of -- Against the award passed by the tribunal even though the claimants have not preferred any appeal and even though the claimants have then prayed for compensation of Rs.2,96,480/-, for doing complete justice to the parties – Supreme Court exercising jurisdiction under Article 142 of the Constitution of India, enhanced compensation of Rs. 6,47,000/ to the claimants.

(SC) Decided on: 03.02.2015