Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition by sons of deceased - Plea of insurance company with regard to maintainability of claim petition by sons of deceased on the ground that they are major and were not dependent on the deceased - Plea held, negated u/s 166 of the Act...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition by sons of deceased - Unless and until there is evidence in support of such pleading that claimant is not a legal representative, claim petition cannot dismissed as not maintainable...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition by sons of deceased - No loss of dependency - Claimant, if the legal representative, will be entitled to compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Claim petition by sons of deceased - Legal representative of deceased are entitled to file a claim petition and it is not necessary that they should be dependent upon the deceased...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Major sons and grandchild held, entitled to compensation...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Contributory negligence - Head on collision between two vehicles - Cannot per se, be indicative of an element of contributory negligence...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Negligence on part of deceased - In absence of specific positive evidence on record to show negligence on part of deceased, same cannot be presumed merely on the ground of head on collision...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Collusion - Cannot be presumed merely because driver and owner of offending vehicle did not step in the witness box and written statement was not filed on their behalf...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Gratuitous services rendered by housewife - Cannot be equated with that of a labourer or even a skilled worker...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Future prospects - Deceased was 60 years old - No increment on account of future prospects is to be afforded...........
