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SANJAY KUMAR MISHRA
Kabita Nath – Appellant
Versus
National Insurance Co. Ltd. , Cuttack – Respondent
JUDGMENT
Sanjay Kumar Mishra, J.—This writ petition has been preferred by the Petitioner, who is the married daughter and one of the legal representatives of Late Nilamani Nath, challenging the order dated 15.11.2022 so also dated 02.01.2023, under Annexure-1 Series, passed by the 3rd M.A.C.T-cum-A.D.J, Jagatsinghpur, vide which the substitution petition was partly allowed and petition to recall the order dated 15.11.2022 stood rejected.
2. The factual matrix of the case, as detailed in the Writ Petition, is that Late Nilamani Nath and his wife, in an accident, sustained grievous injuries while travelling in a public service passenger bus bearing registration No.OD-04- 6944. They were shifted to S.C.B Medical College and Hospital, Cuttack from Kendrapara District Government Hospital for better treatment, wherein the injured Nilamani Nath was declared as permanently disabled and treated as post hospitalized bedridden patient.
3. The Kendrapara Sadar Police registered P.S. Case No.61 of 2016 against the driver of the offending bus. Accordingly, charge-sheet was submitted under Section 279/337/338 of I.P.C. On 6.4.2022, the Court below, after hearing the parties, awarded a sum of Rs.3,
Suit by a minor – Not only is there no provision for appointment of next friend by court, but permission of court is also not necessary.
The main legal point established in the judgment is that every legal representative who suffers on account of the death of a person due to a motor vehicle accident should have a remedy for realizatio....
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency proof, emphasizing inclusive definitions and rights established by precedent.
To maintain a claim petition it is sufficient for the claimant to establish that there is loss of dependency and every legal representative who suffers on account of death of a person in a motor vehi....
Legal representatives under the Motor Vehicles Act must be interpreted broadly to include those dependent on the deceased, not solely legal heirs.
Legal representatives under the Motor Vehicles Act can claim compensation even if not dependents, affirming broader interpretations of eligible claimants.
Legal representatives can file for compensation without proving dependency; statutory compensation fixed under Section 140(2) forms part of the deceased's estate.
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