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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Kamal Kumar – Appellant
Versus
Bazaz Allianz General Insurance Company – Respondent
| Table of Content |
|---|
| 1. factual background of accident and claim (Para 1 , 2) |
| 2. responses from insurance and vehicle owners (Para 3 , 4) |
| 3. tribunal's findings and issues (Para 6 , 10) |
| 4. legal standing of claimant as legal representative (Para 11 , 13) |
| 5. court's analysis on dependency and compensation (Para 14 , 15 , 16) |
| 6. dismissal of appeal (Para 17) |
JUDGMENT :
Sushil Kukreja, J.
The instant appeal is maintained by the appellant- petitioner under Section 173 of the Motor Vehicles Act (for short ‘MV Act’) against the impugned award dated 23.07.2013, passed by the learned Motor Accidents Claims Tribunal-II, Solan, District Solan, HP, in MAC Petition No.20-S/2 of 2010, with a prayer to modify the impugned award and the appellant be held entitled to compensation in the sum of Rs.11,00,000/- alongwith interest.
2. Briefly stated the facts of the case, giving rise to the present appeal, are that the petitioner (appellant herein) filed a claim petition under Section 166 of MV Act, whereby he sought compensation on account of death of his uncle Shri Bhagat Ram, who was employed as Beldar with Public Works Department (PWD), Sub Divison Dilman, District Sirmour. It was averred by the petitioner that
Legal representatives can file for compensation without proving dependency; statutory compensation fixed under Section 140(2) forms part of the deceased's estate.
Non-dependent legal representative, such as elder brother of unmarried deceased, entitled to maintain claim under MV Act Section 166 and receive statutory no-fault compensation under Section 140(2) a....
Only one claim petition is maintainable per cause of action under the Employee’s Compensation Act, preventing subsequent claims by other dependents once a settlement has been reached.
Legal representatives can claim compensation for loss to estate under Section 166 of the Motor Vehicles Act, even if not dependents.
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....
Legal representatives under the Motor Vehicles Act can claim compensation even if not dependents, affirming broader interpretations of eligible claimants.
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 Section 166 of the Motor Vehicles Act are not limited to spouse, parent, and children, but also include brothers and other dependents.
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