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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
JASPREET SINGH
Chief Engineer Irrigation Deptt. Lko. – Appellant
Versus
Tabassum – Respondent
JUDGMENT :
Jaspreet Singh, J.
1. This is a batch of two appeals filed by the State under Section 173 of the of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as Act of 1988) assailing the award dated 25.02.2011 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.13, Lucknow in two Claim Petitions bearing No.292 and 293 of 2009 whereby in a death case in Claim Petition No.292 of 2009, a sum of Rs.2,13,200/- alongwith 6% interest per annum has been awarded whereas in Claim Petition No.293 of 2009, a sum of Rs.1,16,400/- alongwith 6% interest per annum has been awarded in favour of the claimant-respondents.
2. Facts indicate that on 24.04.2009, Aftab Husain alongwith his son Tanveer Husain was travelling on a motorcycle to visit their relative. When they reached near Bahad Gram Khushalganj, Mohaan Road, Police Station Kakori, the offending Truck bearing number URA 9406 which was being driven rashly and negligently, hit the motorcycle, as a result, both Aftab Husain and his son Tanveer Husain sustained grievous injuries. They were taken to the Trauma Centre at Medical College, Lucknow where during his treatment Aftab Husain expired on 24.04.2009 whil
Legal heirs, including married daughters, can claim compensation exceeding the no-fault limits under Section 140 of the Motor Vehicles Act, 1988, irrespective of dependency status.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency proof, emphasizing inclusive definitions and rights established by precedent.
A mother-in-law can claim compensation as a legal representative under the Motor Vehicles Act if she demonstrates dependency on the deceased, regardless of classification as a legal heir.
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
Parents of a deceased married daughter are entitled to compensation as legal representatives under Section 166 of the Motor Vehicles Act, regardless of dependency status.
The Motor Vehicles Act requires consideration of all dependents in compensation claims following a vehicular death, affirming broader interpretative criteria for determining legal representatives.
Death in motor accident - A married daughter may be considered a legal representative but she will not be eligible for loss of dependency compensation unless it is proven by daughter that she was fin....
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