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ARCHANA PURI
Reliance General Insurance Company Limited – Appellant
Versus
Shivani – Respondent
JUDGMENT :
Archana Puri, J.
These are three appeals, filed by the rival parties to assail the Award dated 21.09.2012 passed by learned Motor Accident Claims Tribunal, on account of deaths of Gurjeet Singh and Aman Goyal, in a motor vehicular accident, which took place on 19.03.2010.
2. FAO-263-2013 has been filed by the insurance company, for seeking reduction of the quantum of compensation, awarded on account of death of aforesaid persons, whereas, FAOs-1503 and 1878-2013 have been filed by the appellants-claimants, thereby, seeking enhancement of the compensation.
3. On appraisal of the evidence, brought on record, vide impugned Award, learned Tribunal concluded about the accident to have taken place on 19.03.2010, on account of rash and negligent driving of truck bearing registration No.PB-13M-5373, driven by respondent-Amrit Pal Singh @ Amrit Singh and Gurjeet Singh as well as Aman Goyal, who were the occupants of the ill-fated car bearing registration No.PB-08Q-1523 and the said accident, resulted into death of Gurjeet Singh and Aman Goyal.
4. So far as, the manner and taking place of the accident as well as the liability fastened upon the driver, owner and insurer of the offending
Re-marriage does not extinguish a widow's right to compensation in fatal accidents; dependency includes emotional factors beyond financial support.
Re-marriage of a widow does not negate her entitlement to compensation for loss due to her husband's death, as dependency includes emotional aspects beyond financial support.
The main legal point established in the judgment is the correct assessment of income and entitlement to compensation for the deceased's legal representatives, including children, based on relevant le....
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
Compensation for loss of dependency includes emotional and psychological aspects beyond mere financial support.
Insurance policy terms must be honored despite circumstances, and re-marriage of a widow does not negate her right to compensation, providing clarity on dependency and insurance liability.
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