RAGHUVIR SINGH MATOLYA & ORS. versus HARI SINGH MALVIYA & ORS

RAGHUVIR SINGH MATOLYA & ORS. versus HARI SINGH MALVIYA & ORS

Dearness allowance and house rent allowance are integral parts of income and must be included in calculating compensation under Section 166 of the Motor Vehicles Act, 1988.

Parties
Appellant: Raghuvir Singh Matolya & Ors.; Respondent: Hari Singh Malviya & Ors.
Jurisdiction
India
Judgment Date
31 March 2009
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Compensation Calculation, Allowance as Income

Case Brief

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Parties

Raghuvir Singh Matolya & Ors.

Appellant

Hari Singh Malviya & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

  1. 1 Whether dearness allowance and house rent allowance should be included for the purpose of computing compensation under Section 166 of the Motor Vehicles Act, 1988

Ratio Decidendi

Dearness allowance and house rent allowance are integral parts of income and must be included in calculating compensation under Section 166 of the Motor Vehicles Act, 1988.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to Tribunal to calculate compensation including dearness allowance and house rent allowance and to pass award accordingly.
  • No order as to costs.