Monday, July 22, 2013

Motor Vehicles Act, 1988, Section 166

Motor Vehicles Act, 1988—Section 166—Accident—Determination of Compensation—100% increase in the future income of the deceased, whether can be allowed?—Deceased was 28 ½ years old at the time of death—In normal course, he would have served the State Government minimum for about 30 years—Even if we do not take into consideration the future prospect of promotion which the deceased was otherwise entitled and the actual pay revisions taken effect from 1st January, 1996 and 1st January, 2006, it cannot be denied that the pay of the deceased would have doubled if he would continued in services of the State till the date of retirement—Hence, this was a fit case in which 100% increase in the future income of the deceased should have been allowed by the Tribunal and the High Court, which they failed to do.

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