RITU RAJ AWASTHI
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Ameer Akhtar Khan – Respondent
Hon’ble Ritu Raj Awasthi, J.—Since only a legal point has been raised by learned counsel for appellant and the facts are not disputed, as such, with the consent of learned counsel for appellant, the appeal is being decided at the admission stage.
2. Heard learned counsel for appellant.
3. This First Appeal From Order has been filed against the judgment and award dated 24th May, 2014 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Meerut in M.A.C. No. 1458 of 2010; Amir Akhtar and others v. Harichan and others, whereby a sum of Rs. 4,98,401/- alongwith 6% simple interest from the date of institution of claim till actual payment is made, in favour of the claimants and against the appellant-Insurance Company, has been awarded.
4. Learned counsel for appellant has argued at length that the deceased was a minor, aged about 16 years. There was no loss of dependency, as such, the claimants could not have maintained the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short the ‘Act’).
5. It is submitted that in view of the judgment of the Apex Court in the case of Smt. Manjuri Bera v. Oriental Insurance Compan
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