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
Summary, issues, holding and outcome
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Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Parties
Raghuvir Singh Matolya & Ors.
Appellant
Hari Singh Malviya & Ors.
Respondent
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Legal Issues
- 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.
Full Case Text
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