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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Oriental Insurance Company Limited – Appellant
Versus
Dharamu (Deceased) through his LRs. – Respondent
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 Samoli Bridge and was about to start his journey to Rohru, due to the rash and negligent driving of bus bearing registration No.HP-10-0888, by its driver (respondent No.3 herein), he was crashed by the said bus, as a result of which, he sustained severe head injury and died. As per the petitioner, at the time of death, the deceased was 52 years old and he was an agriculturist and his monthly income was Rs.4,000/-. He used to reside with the petiti
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.
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