Accident--Gratuitous passengers--About 30-40 persons were travelling in the tempo truck--All 30-40 persons by no stretch of imagination could have been the representatives of the owners of goods. Insurance company not liable Accident--Ordinarily an allegation made in FIR would not be admissible in evidence per se but tribunal would be entitled to look into same where allegations made in FIR had been made a part of the part of claim petition.

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Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses maybe restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award "just compensation", irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.

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Accident Law--Permanent disability--Earning capacity--Appellant was aged 15 years when he met with an accident on 14.9.1998 as a result whereof he sustained serious injuries and suffered permanent disability to the extent of 70% of his left lower limb which had to be amputated--Loss of earning capacity should be treated as 60% of the monthly income--His annual income assessed at Rs. 21,600/

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Accident--Permanent disability--Certificate of Govt. Hospital, should not have disbelieved on the supposition that doctor had been issuing certificates fixing 'permanent disability which was not proportionate to the injury'.

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Accident--The owner of a vehicle cannot contend that he has no liability to verify the fact as to whether the driver of the vehicle possessed a valid licence or not.

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Accident--Appellate Court should record reasons for enhancing or reducing notional income of injured/deceased.

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Motor Vehicles Act, 1988, S.I66--Accident-Claim Petition-Claims Tribunal is empowered to treat the report of the accident on its receipt as if it is an application made by the claimant for award of the compensation to him under the Act by virtue of Section 166 (4) of the Act and thus has jurisdiction to decide such application on merits in accordance with law.

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Accident Law--Compensation--Criteria--For arriving at just compensation, it is necessary to ascertain the net income of the deceased available for the support of himself and his dependents at the time of his death and the amount, which he was accustomed to spend upon himself--This exercise has to be on the basis of the data, brought on record by the claimant, which again cannot be accurately ascertained and necessarily involves an element of estimate or it may partly be even a conjecture

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Motor Vehicles Act, 1988, S. 166--Accident-More than claimed-There is no restriction that the Court cannot award compensation exceeding the claimed amount, since the function of the Tribunal or Court is to award "just compensation"

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Accident Law--Impleading of Insurance--Liability of the insurance company arises for the purpose of reimbursement of the amount of compensation found to be payable by the owner of the vehicle insured--It is only in exceptional cases and as provided for under Section 170 of the Act, the insurance company can defend a claim petition--Only on limited grounds it may be permitted to question the quantum of compensation--Motor Vehicles Act, 1988, Section 170.

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Accident—Personal Expenses—Even if deceased had low income deduction of one third of income towards his personal expenditure is proper.

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