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ANIL VERMA
CHOLAMANDALAM MS GENERAL INSURANCE – Appellant
Versus
HAJARILAL – Respondent
ORDER :
1. With the consent of both the parties, matter is heard finally at the stage of motion hearing.
2. This Misc. appeal has been filed by the appellant/Insurance Company under Section 173(1) of the Motor Vehicles Act, 1988 (in short ‘MV Act’) for setting aside the impugned award dated 30-3-2021 passed by the 2nd Additional Member, MACT, Rajgarh in MACC No. 5/2018, whereby an award of compensation of Rs. 16,32,200/- has been awarded in favour of respondent No. 1.
3. The relevant and necessary facts are that on 23-9-2017 at about 11:45 pm, while the deceased Rambabu along with his friend Peerulal was going to village Choma on a motorcycle, at that time, nearby the College, respondent No. 2/driver of the Tractor bearing Registration No. MP-70-A-0769 had driven the said vehicle at high speed rashly and negligently and hit the deceased’s motorcycle, due to which 32 years old deceased Rambabu seriously injured. The vehicle was insured offending by appellant’s Company.
4. The respondent No. 1 has preferred a claim petition before the claims Tribunal and claims Tribunal after scrutinizing the evidence available on record, awarded the compensation of an amount of Rs. 16,32,200/- in favour
Legal representatives of a deceased can claim compensation under the Motor Vehicles Act irrespective of their dependency status.
Legal representatives can claim compensation under the Motor Vehicle Act regardless of dependency, emphasizing a broad interpretation of 'legal representative' to ensure justice.
The entitlement of compensation by a legal representative who is not a dependent is determined by the dependency of the claimant upon the deceased.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency proof, emphasizing inclusive definitions and rights established by precedent.
Legal representatives under Section 166 of the Motor Vehicles Act are not limited to spouse, parent, and children, but also include brothers and other dependents.
Non-dependent legal representative, such as elder brother of unmarried deceased, entitled to maintain claim under MV Act Section 166 and receive statutory no-fault compensation under Section 140(2) a....
Legal representatives of a deceased have a right to claim compensation under the Motor Vehicles Act, regardless of financial dependency, as established by precedents.
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