Back
VIKAS BAHL
Sushma Devi – Appellant
Versus
Tarlochan Singh – Respondent
JUDGMENT :
(Vikas Bahl, J.)
The widow and children of the deceased Yog Raj have filed the present appeal seeking modification of the award dated 09.10.1990 passed by the Motor Accident Claims Tribunal, Hoshiarpur, vide which the claim petition filed by the claimants was dismissed.
2. Learned counsel for the appellants has submitted that in the present case, the fact that Yog Raj son of Mirza Ram died in the road accident which took place on 04.12.1989 between Ambassador Car bearing No.PCW-79, which was being driven by the deceased and a Bus bearing No.PJG-1917 which was coming from the side of Mahilpur, is not disputed. It is further submitted that the fact that the above-said bus was owned by respondents No.2 and 3, is also not disputed. It is stated that although, it is the case of the claimants that it was the driver of the bus, who was negligent and on account of the same the accident had taken place and even an FIR under Sections 304-A, 279 and 427 IPC had been registered against the driver of the bus at Police Station Sadar, Hoshiarpur, but the Motor Accident Claims Tribunal had come to the conclusion that the bus driver was not negligent and accordingly, had dismissed the cl
Claimants are entitled to compensation under Section 164 of the Motor Vehicles Act, 1988, irrespective of negligence, with a fixed amount of Rs.5,00,000/- for death in a road accident.
The court applied the amended provisions of the Motor Vehicles Act 1988 to grant enhanced compensation to the appellants, demonstrating the applicability of beneficial provisions enacted by Parliamen....
The main legal point established in the judgment is that under Section 163A of the Motor Vehicles Act, the claimant is not required to plead or establish the wrongful act, neglect, or default of the ....
In claims under Section 163-A of the Motor Vehicles Act, insurers cannot raise defenses of negligence against the claimants.
Claimants are entitled to compensation under amended Motor Vehicles Act without proving negligence, with the retroactive application of compensation limits.
Under Section 163-A of the Motor Vehicles Act, claimants are entitled to compensation without proving the victim's negligence, as legislative intent prioritizes expedited resolution over fault determ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
