Motor Vehicles Act, 1988, Section 166, 140 -- Accident - Compensation - Married daughter of deceased may be considered a legal representative, but she will not be eligible for loss of dependency compensation unless it is proven by daughter that she was financially dependent on deceased - Since daughter failed to prove that she was being financially supported by her..........
Motor Vehicles Act, 1988, Section 166, 140 -- Accident - Compensation - Mother of deceased was aged about 70 years at the time of accident of her daughter - She was solely dependent on deceased as she lived with her and had no independent income - There is no evidence on record to rebut the same - Even if it is assumed that mother of deceased was not dependent on deceased..........
Motor Vehicles Act, 1988, Section 140 -- Fatal accident - No fault liability - Compensation - Claimants failed to substantiate factum of rash and negligent driving by driver of subject truck, thus claim petition failed u/s 166 of M.V Act - However, claimants are granted limited relief u/s 140 of the Act - Respondents jointly and severally liable to pay sum of Rs.50,000 to..........
Motor Vehicles Act, 1988, Section 163A, 144, 140 -- Provision of S.163-A of the Act has an overriding effect over all the other provisions of the Motor Vehicles Act, 1988...........
Motor Vehicles Act, 1988, Section 166, 140 -- Motor accident - FIR lodged after 3 months of accident - Delay well explained - Held, delay is not fatal to claim petition...........
Motor Vehicles Act, 1988, Section 140, 166 -- Accident - Child of 8 years suffered injury of permanent nature which was not cured inspite of several surgeries - Compensation allowed Rs.2, 50, 000/- alognwith interest payable @ 6% p.a. from the date of filing of petition till the same is actually paid...........
Motor Vehicles Act, 1988, Section 157(2), 140 -- Person died in an accident was a borrower of vehicle from the owner - Insurance company contended that the borrower stepped into the shoes of owner himself and thus insurer was not liable - Insurance policy merely cover the risk to the insured alongwith the pillion rider - Held, only liability for the insurer shall be to pay..........
Motor Vehicles Act, 1988, Section 140, 147 -- Deceased traveling on the mud guard of tractor - Accident occurred when tractor turned turtle - Insurance company contended that the deceased was not authorised to travel on the mud guard of the tractor and there was no insurance cover for a person who is a passenger in a tractor - Held, even in a case where the liability to a..........
Motor Vehicles Act, 1988, Section 140 -- No fault compensation - Claimants are entitled to no fault compensation u/s 140 of the Act...........
Motor Vehicles Act, 1988, Section 140 -- Scope - Provision is intended to provide immediate succour to the injured or the heirs and legal representatives of the deceased - Claim u/s 140 of the Act is made at the threshold of the proceeding and the payment of compensation is to be made by an interim award of the Tribunal which may be adjusted if in the final award the..........
