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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Deputy Chief Mechanical Engineer, Plant Cum Controller Of Stores Of Locomotive Works – Appellant
Versus
Dulari Hadi, W/o Sri Gaud Hadi – Respondent
ORDER :
GAUTAM KUMAR CHOUDHARY, J.
1. This appeal has been preferred against the judgment and award of compensation under Section 163A of the Motor Vehicle Act, whereby and whereunder, liability has been fixed on the appellant to pay compensation to the claimants for a sum of Rs. 2,16,500/- with simple interest @ 8% per annum from the date of judgment.
2. Facts are not in dispute that one Bali Hadi met with an accident with offending vehicle bearing Registration No. WB-38C-3386 under the ownership of the appellant resulting in his death.
3. The award of compensation has been assailed on the ground that the learned Tribunal has erred in taking multiplier 8 in place of 5, as considering the age of the deceased of 60 years, as provided in the Motor Vehicle Act under second schedule applicable in cases filed under Section 163A of the Motor Vehicle Act.
4. It is further argued that the claimant was married daughter and she will not be entitled to compensation in view ratio laid down by the Hon’ble Apex Court in Manjuri Bera Vs. Oriental Insurance Company Ltd. (Appeal (Civil) Case No. 1702 of 2007).
5. It is argued by learned counsel for the claimant-respondent that claimant has been examined
Legal representatives, regardless of dependency status, are entitled to compensation under the Motor Vehicle Act, with the correct multiplier applied as per age.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency proof, emphasizing inclusive definitions and rights established by precedent.
A mother-in-law can claim compensation as a legal representative under the Motor Vehicles Act if she demonstrates dependency on the deceased, regardless of classification as a legal heir.
Legal heirs, including married daughters, can claim compensation exceeding the no-fault limits under Section 140 of the Motor Vehicles Act, 1988, irrespective of dependency status.
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 of a deceased person are entitled to compensation under the Motor Vehicle Act even if they are not dependents, and the compensation amount must not be less than the liability sp....
Legal representatives can claim compensation under the Motor Vehicle Act regardless of dependency, emphasizing a broad interpretation of 'legal representative' to ensure justice.
Point of Law : Motor Accident – Compensation - The general rule which has always prevailed in regard to the assessment of damages under Fatal Accidents Act is well settled, namely, that any benefit a....
Legal representatives of a deceased can claim compensation under Section 166 of the Motor Vehicles Act regardless of their dependency status.
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