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KRISHNAN RAMASAMY
Narayanan (Died) – Appellant
Versus
Shanmuganathan – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988 praying to allow the Civil Miscellaneous Appeal and to set aside the decree and award dated 11.10.2013 passed in M.C.O.P.No.116 of 2009 on the file of Sub Court (Motor Accidents Claims Tribunal) Perambalur.)
This Civil Miscellaneous Appeal has been preferred by the appellants (legal representatives of the deceased claimant Narayanan) against the decree and award dated 11.10.2013 passed by the Sub Court (Motor Accidents Claims Tribunal) Perambalur in M.C.O.P.No.116 of 2009.
2. The brief facts of the case are as follows:
On 15.03.1992, at about 3.30 p.m, when one Narayanan (father of the appellants herein) was riding a cycle on the left side of the National Highway No.45 and crossing a lorry which was stationed on the left side of the road, suddenly, a car bearing Registration No.TDYL 5464 belongs to first respondent and insured with second respondent which was proceeding from Trichy to Perambalur hit the said Narayanan behind his back side, due to which, his leg was crushed under the car wheel and he was unable to move. Therefore, the said Narayanan filed a claim petition in M.C.
The main legal point established in the judgment is that the legal representatives cannot prosecute a claim petition for personal damage if the death of the injured claimant was not caused as a resul....
(1) In case of death, legal representatives of deceased can pursue claim – Property, under the Act, will have a much wider connotation than conventional definition.(2) In assessing, what has been des....
Legal representatives can file for compensation without proving dependency; statutory compensation fixed under Section 140(2) forms part of the deceased's estate.
The entitlement of non-dependent heirs as legal representatives to claim compensation under Section 166 of the Motor Vehicles Act.
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