Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Oriental Insurance Company Limited – Appellant
Versus
Dharamu (Deceased) through his LRs. – Respondent
| Table of Content |
|---|
| 1. tribunal awarded rs.50,000 for death by negligent bus driving. (Para 1 , 2 , 5 , 6 , 7) |
| 2. insurer contests liability, dependency, and policy violations. (Para 3 , 4 , 8 , 9) |
| 3. non-dependent elder brother questions claim maintainability. (Para 10 , 11) |
| 4. legal representatives claim compensation irrespective of dependency. (Para 12 , 13 , 14) |
| 5. brother entitled to statutory no-fault compensation; appeal dismissed. (Para 15 , 16) |
JUDGMENT :
SUSHIL KUKREJA, J.
1. The instant appeal is maintained by the appellant-Oriental Insurance Company (hereinafter referred to as ‘the appellant’) under Section 173 of the Motor Vehicles Act (for short ‘MV Act’) against the impugned award dated 15.03.2013, passed by the learned Motor Accidents Claims Tribunal-II, Shimla, HP, camp at Rohru, in MAC No.13-R/2 of 2007, with a prayer to set aside the same.
2. Briefly stated the facts of the case, giving rise to the present appeal, are that petitioner-Dharamu (now deceased) filed a claim petition under Section 166 of MV Act, whereby he sought compensation on account of death of his brother Shri Dasu. It was averred by the petitioner that on 26.03.2007, when his brother Dasu was present at Sa
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....
Legal representatives can file for compensation without proving dependency; statutory compensation fixed under Section 140(2) forms part of the deceased's estate.
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.
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....
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 can claim compensation for loss to estate under Section 166 of the Motor Vehicles Act, even if not dependents.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency proof, emphasizing inclusive definitions and rights established by precedent.
Legal representatives can claim compensation under the Motor Vehicle Act regardless of dependency, emphasizing a broad interpretation of 'legal representative' to ensure justice.
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
