Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Dharmendra Sahu, S/o. Late Kejuram Sahu – Appellant
Versus
Budharuram Nishad, S/o. Shri Ram Lal Nishad – Respondent
| Table of Content |
|---|
| 1. circumstances of the motor accident and initial claim. (Para 1 , 2 , 3) |
| 2. opposition to claim based on dependency status. (Para 4) |
| 3. tribunal's findings on liability and initial compensation. (Para 5) |
| 4. arguments presented by the appellants and respondents. (Para 6 , 7) |
| 5. court's observations on evidence and age assessment. (Para 8 , 9 , 10 , 11) |
| 6. supreme court rulings affirming rights to compensation. (Para 12 , 13 , 14 , 15) |
| 7. calculation of compensation based on legal principles. (Para 16) |
| 8. final compensation awarded to claimants. (Para 17 , 18) |
Judgment :
Parth Prateem Sahu, J.
1. This appeal is filed by the appellants seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 16.01.2019 passed by the Second Additional Motor Accident Claims Tribunal, Raipur, District – Raipur (C.G.) in M.A.C.C. No. 476/2015.
2. Facts of the case in brief are that, on 09.09.2014 at about 06:15 P.M., the Respondent No. 1 was driving his motorcycle bearing registration no. CG 04 KA 6026 in a rash and negligent manner and the said offending vehicle dashed Smt. Geeta Bai Sahu near Baruwadih and caused accident. Due to the said accide
Legal representatives, including major children, are entitled to claim compensation regardless of dependency; the Tribunal erred in limiting the compensation amount based on dependency status.
The Motor Vehicles Act requires consideration of all dependents in compensation claims following a vehicular death, affirming broader interpretative criteria for determining legal representatives.
Major children can claim compensation as dependents of a deceased parent, regardless of their financial independence.
It is settled that legal representatives of deceased have a right to apply for compensation.
Compensation awarded should reflect fair and just assessment according to established legal principles outlining dependency and loss calculations.
Legal representatives can claim compensation for loss to estate under Section 166 of the Motor Vehicles Act, even if not dependents.
Legal representatives of a deceased have a right to claim compensation under the Motor Vehicles Act, regardless of financial dependency, as established by precedents.
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
