SUPREME COURT
S.H. Kapadia, Dr. Arijit Pasayat, JJ
Smt. Manjuri Bera v. The Oriental Insurance Company Ltd. and Another
| Table of Content |
|---|
| 1. necessity for dependency in compensation claims. (Para 2 , 3) |
| 2. discussion of amicus curiae's perspective. (Para 4 , 5) |
| 3. legal framework regarding compensation claims. (Para 6 , 8 , 9) |
| 4. clarification of 'no fault liability' principles. (Para 12 , 13) |
| 5. final conclusion affirms appeal allowance. (Para 14 , 20) |
1. Leave granted.
2. An interesting question is involved in this appeal. By the impugned judgment the Calcutta High Court held that though the appellant, a married daughter of Bata Krishna Mondal (hereinafter referred to as the 'deceased') could maintain a claim petition in terms of S.166 of the Motor Vehicles Act, 1988 (in short the 'Act') she was not entitled to any compensation as she was not dependant upon the deceased.
3. Factual position is undisputed and needs a brief reference.
On 11.5.1998 deceased lost his life in a vehicular accident and the offending vehicle, a Mini Truck registration No. WB-29/0185 belonged to respondent No. 2. As the deceased had no other legal heir, a claim petition was lodged claiming compensation. Respondent No. 1 (hereinafter referred to as the 'insurer') with whom the offending vehicle was the subject matter of insuranc
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