Judgments related to legal representatives and MV Act

 

JUDGMENTS RELATED TO LEGAL REPRESENTATIVES AND MV ACT

 

1.Legal representative brother & married daughter. Evidence that brother and his family was staying

with deceased and brother was dependent whether

claim petition preferred by brother is maintainable? Held  ; yes

1987 ACJ 561(SC), 2005 ACJ 1618 (Guj), 2012

AAC 2965 (Mad)2014

ACJ 1454 (Mad), 2015 ACJ

1759 (All) – GSTRC v/s Ramanbhai prabhatbhai –

1987 ACJ 561(SC) followed.

But see 2014 ACJ 1669 (All)Chandrawati v/s Ram Sewak – 2007 ACJ 1279 (SC) – Manjuri Bera v/s O I Com. relied on.

1A Major Sons are entitled to prefer an application

u/s 166 for compensation under the M V Act? Held

Yes.

2017 ACJ 1784 (P&H)

1B U/s 166 of the M V Act, there concept of Legal

Representative, whereas, u/s 163A there is concept of

Dependants.

2017 ACJ 1894 (Ker)

2CoClaimant himself was negligent in causing the

accident, as he was riding the bike – whether he is

entitled for compensation?HeldNo.

His share out of compensation is required to be deducted.

2017 ACJ 1868 (P&H)

2 Widow remarriage by her whether claim petition by

her maintainable? Held : yes whether a widow is

divested of her right to get compensation for the

death of her husband on her remarrying during

pendency of claim petition? Held no.

2008 ACJ 816 (MP), 2003 ACJ 542(MP), 2004 ACJ

1467(MP) 1992 ACJ 1048 (Raj), 2011 ACJ 1625

(Gau), 2013 ACJ 1679 (J & K). 2014 ACJ 950

(AP) 2018 ACJ 2732 (P&H)

2AWife died in the vehicular accident – Husband

Remarriage within 8 months thereof – Whether in

such circumstances, husband can be treated as LR of

deceased wife? Held Yes.

2017 ACJ 4 (All) – 2022 ACJ 85 (Bom)

3 Dependants death of unmarried woman living

separately from the claimant held claimant was not

dependent and not entitled for compensation but

entitled to get Rs.50,000 u/s 140 of the Act

2012 ACJ 1552007

ACJ 1279 SC Manjuri Bera v/s O I Com. followed

4 Meaning of legal representative is given u/s 2(11)

of CPC words used u/s 166 of MV Act are legal

representative and not Dependants therefore, includes earning wife and parents also further held that wife is entitled for compensation, till the date of her remarriage.

2012 ACJ 1230 (Mad) considered ratios of SC,

reported in 1989 (2) SCC (Supp) 275Banco

v/s Nalini Bai Naique and 1987 ACJ 561 (SC)GSRTS

v/s Ramanbhai Prabhatbhai – 2013 ACJ 99 (AP),

Even where there is no dependant of LR of

deceased, non dependant heir of the deceased

is entitled to claim compensation u/s 166 of

the M V Act 2016

ACJ 1416 (AP) (FB), 2018

ACJ 379 (Gau).

4AEarning wife – succumbed to the injuries – claim

petition by minor daughter and father – IC disputed its

liability on the count that husband is earning and was

not dependent of the deceased and minor was dependent

on her father – Whether sustainable? HeldNo.

2017 ACJ 1441 (Ker), For fatal accident of wife, earning

husband is treated as LR of the deceased wife – 2019 ACJ 855 (Del)

5 Legal representative live in relationship second wife whether she is entitled for compensation, when first wife is living? Held Yes.

2012 ACJ 2586 (AP). 2011

(1) SCC 141 (live in relationship u/s 125 of the Cr.P.C. Man is liable to pay maintenance). Also 2016 ACJ 79

(Kar), 2017 ACJ 931 (Kar), 2018 ACJ 110 (Mad).

6 Death of mother during pendency of claim petition father of the deceased not considered as dependent whether proper? Held No. Claim petition ought to

have been decided on the basis that mother of the

deceased was alive on the date of accident, as

right to sue accrued on date of accident.

2013 ACJ 19 (Del)

7 Whether on the basis of succession certificate,

brother's son of deceased gets right to file an

application under the Act for getting compensation Held No.

2013 ACJ 1176 (J&K).

7A Whether on the natural death of the one of the

joint claimants, succession certificate is required

to produced so as to enable Tribunal to pass an

order of disbursement of the awarded amount,

falling in the share of deceased claimant? Held No.

2014 ACJ 891 (MP).

7B To get awarded amount, L.R. Are not required to get

succession certificate SC judgment in the case of

Rukhsana v/s Nazrunnisa, 2000 (9) SCC 240 followed.

2014 ACJ 2501 (Raj)

8 Compensation cannot be denied to the members of the

family of the sole breadwinner.

1987 ACJ 561 (SC) GSRTC v/s Ramanbhai Prabhatbhai. See also 2013 ACJ 2793 (Mad)UII

Com. v/s Poongavanam.

9 Legal representative Adopted daughter whether said to LR? Held ; Yes

2013 ACJ 2708 (P&H)

10 Legal representative death of member of a

registered charitable society who renounced the

world whether, claim petition by society is

maintainable? Held ; Yes.

2014 ACJ 667 (SC) (FB) – Montford Brothers v/s

UII Com., 2018 ACJ 2092 (Mad)

NI Com v/s. Birender, AIR 2020 SC 434 –

Married son is considered for compensation.

11 Remarriage of Widow Whether disentitled her to

get compensation?Held ; No.

2014 ACJ 950 (AP).

12 Legal representative and legal heirs u/s 166 words

Legal representative are use whereas, u/s 163A

words Legal heirs are used. Therefore, Legal

representative of deceased is not entitled to claim

compensation u/s163A of the Act.

2014 ACJ 1492 (Ker)Kadeeja v/s Managing Director,

KSRTC dated 18.10.2013.

13 Claim petition filed by the children of deceased

from the first marriage on the ground that claim

petition filed by the second wife is allowed whether

proper? Held Yes.

As amount of compassion received by the L.R. of deceased deemed to be held by him on behalf of all L.R.children of deceased from the first marriage are directed to file a suit for recovery.

2014 ACJ 2504(All)

14 Legal representative live in relationship second wife whether she is entitled for compensation,

when first wife is living? Held ; Yes.

2012 ACJ 2586 (AP). 2011

(1) SCC 141 (live in relationship u/s 125 of the Cr.P.C. Man is liable to pay maintenance).

2007 (7) SCJ 467Hafizun

Begum v/s Md. Ikram Heque.

16 Married sons and daughters can be considered as

dependents? And are entitled for compensation? Held ; Yes.

2015 ACJ 1180 (P&H). 1987

ACJ 561 (SC) –

GSRTC v/s Ramanbhai Prabhatbhai followed.

NI Com v/s. Birender, AIR 2020 SC 434

17 Agent of victim – Whether owner can prefer claim

petition without filing authority letter u/s 166

(1) (d) of the M V Act on behalf of the victim/deceased? Held – No.

2015 ACJ 1688 (Gau)

18 Mother of the deceased died after three year of

filing of the claim petition – her LR moved an

application to be joined as LR of mother of the

deceased whether such application can be allowed? Held Yes.

2016 ACJ 68 (Ker)

19Widow mother of the deceased – mother working as

Assistant Professor whether claim for compensation

is maintainable? Held ; Yes.

2016 ACJ 2187 (Mad)

20Abrogation of Right – death of the mother

(Claimant) of the deceased during pendency of the

claim petition – she did not have any dependent Whether

in such situation her right to claim compensation abrogated? Held ; No.

in such situation Tribunal is not required to calculate compensation on the basis of the age of the mother.

2017 ACJ 192 (Ker)

21Legal Representative married daughter and sister

filed four claim petitions as LR of her father,

mother, brother and sister in law – whether such

claim petitions are maintainable? Held yes

but she is entitled to get amount u/s 140 and funeral

expenses only.

2017 ACJ 234 (Guj), married Sister 2018

ACJ 1352

(Mad), 2018 ACJ 1581 (Cal) but in 2018 ACJ 1686

(UK) has taken contrary view.

22Legal representative – Manager of orphan paternal

aunt whether can be treated as LR of such orphan

– No. But they are entitled for loss estate and

funeral expenses only.

2018 ACJ 91 (Kar)

23Deceased aged about 78 years – claim petition by 2

major sons and two grandchildren – whether

maintainable? Held yesBut

instead of 1/3 deduction, 50% deduction ordered.

2018 ACJ 1004 (SC) NIA

Com. V/s. Vinish Jain

24LR – elder brother can prefer a claim petition –

held yes.

2018 ACJ 1057 (Mad)

25Accident occurred because of the negligence of the

rider of the two wheeler (Bike motorcycle) and

other vehicle – wife who was riding on the bike as

pillion rider sustained fatal injuries – husband of the

decease (rider of the bike) is entitled to claim

compensation? Held. No. It has been held that

after determining the quantum of compensation, the

extent of the share of the husband/rider of the

bike should be determined and the compensation

awarded to the other heirs should be reduced to

that extent FA

No.1450 of 2016, dated 1.9.2016

(Jst. M R Shah and Jst A S Supehia).

Also refer CoClaimant himself was negligent in

causing the accident, as he was riding the bike –

whether he is entitled for compensation? Held ; No.

His share out of compensation is required to be

deducted. 2017

ACJ 1868 (P&H)

But in the case of N.I. A. Com. V/s. Arunachalam, 2016

SCC Online Mad 16856 = 2017 ACJ 530, it has been

held that only children would be entitled for the

total compensation and not the husband who is also

a tortfeasor.

26Father filed claim petition for the death of his

unmarried son father died during the pendency of

the claim petition siblings of the deceased filed

an application for joining as LRs of father High

Court granted multiplier of 3 years only based on

the life span of the father.

2022 ACJ 1452 (Mad)