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2010 Supreme(Chh) 180

N.K.AGARWAL
Heeralal Giri – Appellant
Versus
Ramratan – Respondent


ORDER

N.K. Agarwal, J.

1. Being aggrieved by the award dated 8-8-2007, passed by the Motor Accident Claims Tribunal, Koriya (Baikunthpur) (for short 'the Tribunal') in Claim Case No. 81/2006, the instant appeal has been filed by the Appellant claiming compensation for the death of deceased Smt. Seema Bai.

2. Brief facts of the case are that, on 16-12-2004, Seema Bai (since deceased), was dashed by the driver of Marshal Jeep bearing registration No. CG-16-3295 by driving the said vehicle rashly and negligently, due to which she succumbed to the injuries sustained in the said accident.

3. The Appellant/claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'MV Act'), claiming Rs. 12,10,000/- as compensation against the driver/owner and insurer of the offending vehicle for the death of deceased in the said accident.

4. The Tribunal on a close scrutiny of the evidence led, material placed and submissions made, held deceased Seema Bai was not legally wedded wife of the Appellant; the Appellant not being legal representative of the deceased; nor the Appellant was dependent upon her, is not entitled to file claim petition under Section 166 of the MV Act, a























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