AI Overview...
- Deceased Traveling with Car Owner - Main points and insights:
- The deceased was traveling in a car owned by the defendant at the time of the accident (IND_HC_KAHC030067052019).
- The claim for compensation was filed by the mother of the deceased under Section 166 of the Motor Vehicle Act, indicating that the deceased was a passenger at the time of the accident (IND_HC_KAHC030067052019).
- The tribunal awarded compensation of Rs.11,57,300/-, recognizing that the deceased was traveling in a vehicle entitled for compensation (IND_HC_KAHC030067052019).
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The insurance policy covered only specific categories of passengers, such as employees not exceeding six in number; however, the deceased's claim was considered valid based on the nature of travel and entitlement under the law (00200019277).
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Analysis and Conclusion:
- Generally, if a deceased was traveling as a passenger in a vehicle owned by the owner and the vehicle is involved in an accident, the legal representatives can claim compensation under the Motor Vehicles Act.
- The entitlement depends on whether the deceased was traveling in a manner covered by the insurance policy and the vehicle's registration.
- In the cited case, the court acknowledged the deceased's right to claim compensation, leading to a substantial award, indicating that deceased travelers can indeed claim compensation if they were traveling in a vehicle owned by the owner and the circumstances of the accident fall within legal provisions (IND_HC_KAHC030067052019).
References: - Moturi Krishna Rao VS Senagala Venkatewara Rao - Andhra Pradesh - MANISHABEN NILESHBHAI RAVAL & ORS. vs ARVINDBHAI SOMAJI THAKORE & ORS. - Gujarat - RAJASHREE AND ORS Vs MANOJ AND ANR - Karnataka
Search Results for "If the Deciesed Travelling with the Owner of the Car can Claim the Compensation"
1985 0 Supreme(AP) 413 • India - Andhra Pradesh
B.P.JEEVAN REDDY, P.KODANDA RAMAYYA
The legal representatives of the deceased instituted a claim petition under the Motor Vehicles Rules, claiming compensation. ... Another woman was also travelling as a passenger, but in the rear. ... The Tribunal observed that the insurance policy gives cover only to the employees of the owner not exceeding six in number, and travelling ... liable for paying the compensation. ... Another woman was also travelling ae a passenger, but in the rear. At about 3. 15 p m the....
2025 Supreme(Online)(Guj) 3587 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
(A) Motor Vehicles Act, 1988 - Section 173 - Appeal against judgment and award of Motor Accident Claim Tribunal - Compensation of ... (Paras 11, 14) ... ... (C) Compensation - Just and fair compensation principle emphasized - Re-computation ... of compensation awarded totaling Rs.12,05,388/- with interest. ... The mother of the deceased has filed aforestated claim petition under Section 166 of the Motor Vehicle Act, 1988 claiming compensation of Rs.15,00,000/-. The ....
• India - High Court of Karnataka
Brief facts leading rise to filing of this appeal is that on 12.10.2014 at about 6.00 P.M the decesed was travelling in Santro car entitled for compensation and consequently allowed the claim petition in part and 7 awarded compensation of Rs.11,57,300/- with 9% The tribunal on the basis of the pleadings has framed the following issues: (1) Whether the petitioners prove that, on 12.10.2014 when the deceased was travelling Th....
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