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S. G. PANDIT, G. BASAVARAJA
Oriental Insurance Company Ltd. – Appellant
Versus
Vijay, S/o. Shankar Rajamane – Respondent
JUDGMENT :
Basavaraja, J.
Both appeals arise out of judgment and award dated 08th November, 2017 passed in MVC No.2477 of 2016 by the VI Additional District and Sessions Judge and Additional Motor Accident Claims Tribunal, Belagavi (for brevity, hereinafter referred to as (the Tribunal”).
2. For the sake of convenience, the parties herein are referred to as per their status and rank before the Tribunal.
3. Brief relevant facts leading to these appeals are that the claimants filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for the death of one Sangeeta in a road traffic accident. It is stated in the claim petition that on 28th September 2016, at about 8:30 am, the deceased, along with Ms. Sangeeta D/o Maruti Devare, were proceeding on a Honda Activa two-wheeler bearing Registration No. MH-08/AC-3478, ridden by Sangeeta W/o Vijaya Rajmane on the correct side of the road. Upon reaching Chiplun-Karad Road at Pimplai village within the jurisdiction of Chiplun Police Station, the driver of the truck bearing Registration No. MH-11/AL-0750 drove in a rash and negligent manner without following traffic rules or observing the cautionary signs put up by the concerned Depar
The court established that all legal representatives suffering from a victim's death in a motor vehicle accident are entitled to compensation, emphasizing a broad interpretation of dependency.
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
Legal representatives can claim compensation for loss to estate under Section 166 of the Motor Vehicles Act, even if not dependents.
Legal representatives must establish their dependency to claim compensation under Section 166 of the Motor Vehicles Act, 1988.
The main legal point established in the judgment is that legal representatives, who were not the original claimants, could only represent the estate of the deceased claimant and were entitled to shar....
Legal representatives under the Motor Vehicles Act can claim compensation even if not dependents, affirming broader interpretations of eligible claimants.
The main legal point established in the judgment is that even major and earning legal representatives of the deceased are entitled to claim compensation under the head of loss of dependency, as inter....
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