Deceased aged 49 -- Salary Income was Rs.7,320/- and was an income tax assessee at the relevant time – After converting petition from 163-A to 166 and having regard to the prospect of increase that was possible in government undertaking 30% increase but subject the same to 10% deduction for tax allowed with a multiplier of 13 – Loss of consortium to wife Rs. 1,00,000, Loss of love and affection Rs. 1,00,000/- -- Loss to estate Rs.2500/-, Funeral expenses Rs.2,500/-- awarded.

(P&H HC) Decided on: 24.07.2014

Proof of Negligence – Accident indeed reflects a res ipsa loquitur situation when a person was not careful in his driving -- Fatal accidental fall and careful driving would be tautological -- Negligence of the motorcyclist as established and the case would be required to be examined under Section 166 of the Act itself, no matter that the petition is under Section 163-A of the Act -- Before conversion is made, all that has to be seen is whether any further evidence was necessary to consider a plea of negligence which might require to be proved u/s 166 of the Act.

(P&H HC) Decided on: 25.04.2014