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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Biranchi Bai Sirdar, W/o. Dilbharan – Appellant
Versus
Gangeshwar Ram, S/o. Late Sarju Ram – Respondent
Judgment :
Sanjay K. Agrawal J.
1. Since common question of law and facts is available in all these three appeals, therefore, they have been clubbed together, heard together and are being decided by this common judgment.
2. On 20/05/2016, a road accident occurred in which three persons died namely Rita, Birbahadur and Durga Prasad. For the death of Rita, her parents namely Biranchi Bai and Dilbharan filed claim case No. 221/2016 before the 3rd Additional Motor Accident Claims Tribunal, Ambikapur under Section 166 of Motor Vehicles Act, 1988 (hereinafter, the Act of 1988) wherein by impugned award dated 19/05/2017, the Claims Tribunal awarded compensation of Rs. 50,000/- and fastened the liability of payment of compensation upon the Insurance Company against which MAC/958/2017 has been preferred by the appellants/claimants seeking enhancement of compensation and cross-appeal under Order 41 Rule 22 of CPC read with Section 242(3) of Chhattisgarh Motor Vehicle Rules, 1994 has been filed by the Insurance Company. For the death of Birbahadur, his parents namely Premsai and Mundi bai filed claim case No. 123/2016 before the Motor Accident Claims Tribunal, Surajpur under Section 166 of the A
Parents of a deceased married daughter are entitled to compensation as legal representatives under Section 166 of the Motor Vehicles Act, regardless of dependency status.
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....
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 the Motor Vehicles Act can claim compensation even if not dependents, affirming broader interpretations of eligible claimants.
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....
Insurance companies cannot deny liability for accidents outside India without a specific exclusion clause in the policy; dependency includes emotional ties beyond financial support.
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....
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