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NIDHI GUPTA
New India Assurance Company Limited – Appellant
Versus
Smt. Somti Devi/Cross Objectors – Respondent
JUDGMENT
Ms. Nidhi Gupta, J.
CM 25581-CII/2019
Since there is delay of 21 days in re-filing the Cross Objections, aforesaid application has been filed seeking condonation of said delay. The application is supported by affidavit dated 3.10.2019 of the counsel for the Cross-Objectors.
2. For the reasons stated in the application, the application is allowed and delay of 21 days in filing the Cross Objections is condoned.
Main Appeal and Cross Objections:
3. By this common order I shall dispose of FAO No.6758/2018 filed by the Appellant-Insurance Company; and Cross Objections No. 243 of 2019 filed by the claimants. Both, the Appeal as well as the Cross Objections arise from the Award dated 18.5.2018 passed by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as 'the Ld. Tribunal') in claim petition MACT Case no. 635 of 2017, filed under section 166 of the MOTOR VEHICLES ACT , 1988(hereinafter referred to as 'the Act').
4. For the sake of convenience, parties are being referred to as per their litigative status in the Appeal filed by the Insurance Company, same being FAO No. 6758 of 2018.
5. The Ld. Tribunal on appraisal of the facts, pleadings and evidence adduced b
The Motor Vehicles Act requires consideration of all dependents in compensation claims following a vehicular death, affirming broader interpretative criteria for determining legal representatives.
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
Legal representatives can claim compensation for loss to estate under Section 166 of the Motor Vehicles Act, even if not dependents.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency status, emphasizing a broader interpretation of dependency in joint family contexts.
Legal representatives, including married daughters and major sons, are entitled to claim compensation under the M.V. Act, emphasizing a broad interpretation of dependency and representation.
The main legal point established is the entitlement of legal representatives to claim compensation under Section 166 of the Motor Vehicles Act, 1988, irrespective of dependency.
The court established that all legal representatives suffering from a victim's death in a motor vehicle accident are entitled to compensation, emphasizing a broad interpretation of dependency.
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