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PUNEET GUPTA
Ram Charan Singh – Appellant
Versus
Ranjyoti Singh – Respondent
JUDGMENT :
PUNEET GUPTA, J.
1. The learned Motor Accidents Claims Tribunal, Udhampur while deciding the claim petition filed by the appellant-claimant herein decided the issue of alleged rash and negligent act of the driver of the offending vehicle in the accident in favour of the appellant on the basis of the evidence that came on record during the proceedings before the Tribunal. The Tribunal while deciding Issue No. 2 regarding the entitlement of the appellant herein for compensation on account of the dependency of the appellant herein qua the deceased who was the daughter of the claimant held the issue against the appellant herein on the ground that the appellant cannot be said to be the dependent upon the deceased in view of what has come on record.
2. The learned Senior counsel appearing for the appellant-claimant has argued that the learned Tribunal has taken a very microscopic view of the matter thereby disentitling the appellant from claiming compensation in the claim petition. The evidence on record was sufficient to hold that the appellant was dependent upon the earning of the deceased daughter.
3. The learned counsel appearing for the Insurance Company has vehemently argued
The intent behind the provisions of the Motor Vehicles Act is to provide succor to the persons who are dependent upon the deceased victim.
The main legal point established in the judgment is the broader interpretation of the term 'dependent' under the Motor Vehicles Act, 1988, and the principles of just and fair compensation, emphasizin....
Major married and earning children of a deceased have the right to claim compensation under the Motor Vehicles Act, irrespective of their dependency status.
The main legal point established in the judgment is that the concept of legal representative and dependency loss under the Motor Vehicles Act, 1988, should be interpreted in a wider context, consider....
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