Back
ARUN R. PEDNEKER
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Sunita Virendra @ Birendra Sahani – Respondent
JUDGMENT :
(Arun R. Pedneker, J.) :
By the present Appeal the Appellant-Insurance company challenges the award of the Motor Accident Claims Tribunal, (‘MACT’ for short) Mumbai, allowing the Claim Petition of dependents of the deceased.
2. The Appeal primarily raises two grounds (i) income of the deceased is erroneously taken at Rs.6000/- per month and (ii) the second submission is that the parents of the deceased were staying at a different place and, where not dependent on the deceased and, were not entitled to claim of compensation.
3. The facts giving raise to this Appeal in brief is as under:-
On 25th July 2010 at about 22.30 hours the deceased was crossing a Road and at that time one autorickshaw bearing No.MH-02-UA-8927 came from opposite side in a very rash and negligent manner and gave dash to the deceased. Due to the said dash deceased was thrown away from the place of the accident and he sustained injuries. Thereafter, he was moved to specaility hospital and died on 31st July 2010. The Police registered an offence against the driver of the autorickshaw. On demise of the accident victim the Claim Petition was filed by his wife, daughter, son and parents of the deceased. The Tr
Legal representatives can claim compensation under the Motor Vehicle Act regardless of dependency, emphasizing a broad interpretation of 'legal representative' to ensure justice.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency proof, emphasizing inclusive definitions and rights established by precedent.
Legal representatives under Section 166 of the Motor Vehicles Act are not limited to spouse, parent, and children, but also include brothers and other dependents.
Point of Law : Motor Accident – Compensation - The general rule which has always prevailed in regard to the assessment of damages under Fatal Accidents Act is well settled, namely, that any benefit a....
To maintain a claim petition it is sufficient for the claimant to establish that there is loss of dependency and every legal representative who suffers on account of death of a person in a motor vehi....
Where claimants are non-dependent brothers/sisters claiming loss of estate, savings can be taken as 15% of the income and such savings then multiplied to compute the total loss of estate of the claim....
Legal representatives can claim compensation for loss to estate under Section 166 of the Motor Vehicles Act, even if not dependents.
Insurance companies cannot deny liability for accidents outside India without a specific exclusion clause in the policy; dependency includes emotional ties beyond financial support.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
