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IN THE HIGH COURT OF JHARKHAND AT RANCHI
HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI, J
New India Assurance Company Limited – Appellant
Versus
Kiran Kumari, Daughter Of Late Rajendra Yadav – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the appellant-insurance company and learned counsel appearing for the respondent Nos. 1 to 4, who are the claimants.
2. Respondent No. 5 is the owner of the vehicle in question and notice upon him has been validly served, in spite of that he has chosen not to appear in the case.
3. The Trial Court Records has already been received in the matter.
4. This appeal is preferred against the judgment / award dated 19.09.2022, passed in Motor Accident Claim Case No. 77 of 2019, by the learned District-Judge-I-cum-P.O. Motor Vehicle Accident Claims Tribunal, Bokaro.
5. Mr. Amresh Kumar, learned counsel appearing for the appellant-insurance company submits that the claimants instituted the compensation claim case under Section 166 of the Motor Vehicles Act, 1988 for compensation of Rs. 1,35,90,000/- on account of death of Rajendra Yadav S/o Late Ram Chandra Yadav in a motor vehicle accident involving a Vehicle (Bus) bearing Registration No. JH-02-Z- 4748. He submits that Claimant Nos. 1, 3 and 4 are daughters and Claimant No. 2 is minor son of the deceased and Claimant No. 2 is minor and represented through his legal guardian
Legal representatives of a deceased can claim compensation under Section 166 of the Motor Vehicles Act regardless of their dependency status.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency proof, emphasizing inclusive definitions and rights established by precedent.
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.
Legal representatives can file for compensation under the Motor Vehicles Act, irrespective of being legal heirs, but must prove their relationship with the deceased.
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....
The main legal point established in the judgment is that every legal representative who suffers on account of the death of a person due to a motor vehicle accident should have a remedy for realizatio....
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