SUPREME COURT
, J
Wakia Afrin (Minor) v. M/s. National Insurance Co. Ltd.
| Table of Content |
|---|
| 1. petitioner claims compensation for deceased parents in a motor accident. (Para 1) |
| 2. court discusses s.155 and claim maintainability post owner's death. (Para 2 , 4) |
| 3. insurance company's argument on liability versus compensation is noted. (Para 3) |
| 4. court evaluates previous judgments on claims under s.163a and s.166. (Para 10 , 12 , 14) |
| 5. matter will be placed before larger bench for authoritative clarification. (Para 17) |
1. The petitioner, a minor, was before the Motor Accident Claims Tribunal ("the MACT, for brevity"), Cuttack claiming compensation under S.163A of the Motor Vehicles Act, 1988 ("the Act") for the death of both her parents in a motor - vehicle accident. The unfortunate accident occurred when the vehicle dashed against a road side building, it having gone out of control due to a tyre burst, Four persons travelling in the vehicle, two of whom were the parents of the petitioner, died in the accident. The petitioner who was two years old then, was represented by her aunt in the claim petition. The MACT allowed the claim and awarded a compensation of Rs.4,08,000/- for the death of the petitioner's mother and Rs.4,53,339/- for the death of the petitio
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