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1998 Supreme(P&H) 969

G.C.GARG
Shiv Kumar – Appellant
Versus
Raj Kumar – Respondent


Judgment

G.C.Garg, J.

1. Raj Pali and Badan Singh, mother and the father respectively of the appellants were going on a Moped in the morning of 22.6.1991. A four-wheeler being driven by respondent Raj Kumar hit the said Moped. Raj Pali and Badan Singh fell on the ground, sustained multiple injuries and died due to the injuries suffered in the accident. Two separate claim petitions, being MACT Cases 103 and 104 of 1991, under Section 166 of the Motor Vehicles Act were filed by their three sons and two daughters claiming compensation for the death of their mother and father respectively. The two claim petitions were disposed by the learned Tribunal by one order dated 9.3.1992.

2. Learned Tribunal on a consideration of the matter came to the conclusion that the two daughters were married and residing with their husbands and their in-laws. Learned Tribunal further came to the conclusion that they may have a claim for a share under the Hindu Succession Act being Class-I heirs of a Hindu dying intestate but being married, they cannot be said to be legal representatives/dependents on the deceased as they are dependent on their respective husbands after marriage. Learned Tribunal after furt




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