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HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE ACHAL KUMAR PALIWAL, J
Smt. Ramadevi Rajput – Appellant
Versus
Bharat Kumar Chourasia – Respondent
| Table of Content |
|---|
| 1. claimant's entitlement as legal representative (Para 2) |
| 2. respondent's objection to claim (Para 3 , 4 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 3. legal heir definition and dependency (Para 5) |
| 4. compensation recalculated and enhanced (Para 28 , 29 , 30 , 31 , 32) |
ORDER
This appeal has been filed by the appellant under Section 173 (1) of the Motor Vehicle Act, 1988 against the award dated 14.7.2022 passed in MACC No.240/2018 by Third Addl. MACT, Damoh seeking enhancement of compensation amount.
2. Learned counsel for the appellant after referring to M.A.No.2893/2004 (The New India Assurance Vs. Smt. Nalini and others) submits that in view of definition of legal representative as provided in section 2 (11) of CPC, sisters can file claim petition for compensation in relation to death of her brother in motor vehicle. There is no requirement of any law that claimants are required to be dependent on deceased, instead, if claimants are legal representative of deceased then they can file claim petition for compensation. Though, claimant/ appellant is not dependent on deceased, still, she can claim compensat
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