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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Deep Shikha – Appellant
Versus
National Insurance Company Ltd. – Respondent
JUDGMENT
SUDHANSHU DHULIA, J.
1. Leave granted.
2. By way of the present appeals, the Appellants challenge the common judgement and order of the Rajasthan High Court at Jaipur passed on 14.05.2018 whereby High Court reduced the compensation payable to Appellant No. 1 and dismissed the claim in so far as it relates Appellant No. 2 in a case arising out of a claim petition filed under the Motor Vehicles Act, 1988.
3. Brief facts giving rise to these appeals are that on 26.01.2008 at around 1:15 pm, the deceased, namely, Smt. Paras Sharma was on her two-wheeler and when she reached a road crossing where a Roadways bus (“offending vehicle”) stopped to her left and the negligently took a sudden right turn due to which the deceased came under the rear right-side tyre of the offending vehicle and succumbed to her injuries.
4. A claim petition was filed by the Appellants, who are the married daughter of the deceased (“Appellant No. 1”) and mother of the deceased (“Appellant No. 2”), respectively, seeking compensation of Rs. 54,30,740/-.
5. The Tribunal vide order dated 11.05.2011, however, only allowed the claim petition to the extent of Rs. 15,97,000/- with 6% interest from the date of filing t
Death in motor accident - A married daughter may be considered a legal representative but she will not be eligible for loss of dependency compensation unless it is proven by daughter that she was fin....
Legal heirs, including married daughters, can claim compensation exceeding the no-fault limits under Section 140 of the Motor Vehicles Act, 1988, irrespective of dependency status.
Financial dependency was established through evidence, necessitating a reassessment of compensation to account for the deceased's independent income and contributions to the family.
Legal representatives, including major children, are entitled to claim compensation regardless of dependency; the Tribunal erred in limiting the compensation amount based on dependency status.
Major married and earning children of a deceased have the right to claim compensation under the Motor Vehicles Act, irrespective of their dependency status.
Legal representatives of a deceased have a right to claim compensation under the Motor Vehicles Act, regardless of financial dependency, as established by precedents.
It is settled that legal representatives of deceased have a right to apply for compensation.
Legal representatives of the deceased have a right to apply for compensation, irrespective of their dependency on the deceased, and the emotional trauma suffered by the claimants due to the death of ....
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