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SANJAY KAROL, PRASHANT KUMAR MISHRA
Sadhana Tomar – Appellant
Versus
Ashok Kushwaha – Respondent
ORDER
Time taken for Time taken for Time taken for
disposal of the claim disposal of the appeal disposal of the appeal
petition by MACT by the High Court in this Court
1 year 10 months 3 years 10 months 1 year 10 months
Leave Granted
2. The present appeal is directed against the judgment and order dated 19th September 2022, passed in Miscellaneous Appeal No.5231 of 2018 by the High Court of Madhya Pradesh at Gwalior, which, in turn, was preferred against the order dated 9th October 2018 in Claim Case No.680/2016 passed by Motor Accidents Claims Tribunal, Gwalior (M.P.).
3. The brief facts giving rise to this appeal are that : on 25th September 2016, the deceased, namely Dheeraj Singh Tomar, aged 24 years, was travelling in an Auto bearing registration No. MP 30-R-0582 (hereinafter referred to as the “offending vehicle”) along with other passengers. The driver of the offending vehicle was driving rashly and negligently, overturned the offending vehicle at Gohad Chauraha Road near Gautum Nagar, Bajrang Washing Centre at Gwalior, due to which the deceased died on the spot and the other passengers suffered injuries.
4. The Appellants (dependen
The court established that compensation for loss of dependency must consider the deceased's potential income and appropriate deductions based on the number of dependents, affirming a broader interpre....
The main legal point established is the entitlement of legal representatives to claim compensation under Section 166 of the Motor Vehicles Act, 1988, irrespective of dependency.
(1) A ‘legal representative’ may also include any person who intermeddles with estate of deceased – Such person does not necessarily have to be a legal heir – Legal heirs are persons who are entitled....
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
The court clarified that legal representatives under the Motor Vehicles Act include siblings and others, and emphasized the need for proper assessment of income and future prospects in compensation c....
Major married and earning sons of a deceased can claim compensation irrespective of dependency status, affirming their legal right as representatives.
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