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Documents citing Gujarat State Road Transport ... vs Ramanbhai Prabhatbhai & Another on 11 May, 1987

K. Nandakumar vs Managing Director, Thanthai Periyar ... on 20 September, 1991

Corpn. v. Ramanbhai Prabhatbhai 1987 ACJ 561 (SC), referred to above, this Kerala decision, with due respect to the learned Judges who decided the said case, is not correct. In the other four decisions, when we went into the facts, we found that it could be said that the deceased or the injured, as the case may be, was only contributorily negligent and not solely negligent. In other words, those are cases where it could be said that both the parties were negligent. In such cases, Section 92-A of the Act could no doubt be invoked, as we have stated already.
Madras High Court Cites 9 - Cited by 50 - K Venkataswami - Full Document

Oriental Insurance Co Ltd vs Pushpaben Parsottambhai Makwana on 28 January, 2025

As observed in Gujarat SRTC v. Ramanbhai Prabhatbhai [(1987) 3 SCC 234 a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child." In paragraph 15 of the said decision, while adverting to the provisions of Section 140 of the Act, the Court observed that even if there is no loss of dependency, the claimant, if he was a legal representative, will be entitled to compensation. In the concurring judgment of Justice S.H. Kapadia, as His Lordship then was, it is observed that there is distinction between "right to apply for compensation" and "entitlement to compensation". The compensation constitutes part of the estate of the deceased. As a result, the legal representative of the deceased would inherit the estate. Indeed, in that case, the Court was dealing with the case of a married daughter of the deceased and the efficacy of Section 140 of the Act. Nevertheless, the principle underlying the exposition in this decision would clearly come to the aid of the respondent Nos. 1 and 2 (claimants) even though they are major sons of the deceased and also earning.
Gujarat High Court Cites 15 - Cited by 0 - Full Document

Anandha Lakshmi vs Tamil Nadu State Transport Corporation on 26 September, 2016

At Paragraph 6 of the judgment, the short question framed by this Hon'ble Court was that whether the claimants, married sons and married daughters, would be entitled for compensation" While addressing the abovesaid question, a learned Judge has considered two decisions relied on by the appellant-Insurance Company therein in Revanben v. Kantibhai Narottamehai Gohil reported in 1995 ACJ 548 and U.P.State Road Transport Corporation v. Tara Devi reported in 1995 ACJ 1220 and also the decisions of the Hon'ble Apex Court in Bhagwatidin v. Gheesalal reported in 1980 ACJ 116, Gujarat State Road Transport Corporation, Ahmedabad v. Ramanbhai reported in AIR 1987 SC 1690 and Pushpam v. Nirmala reported in 1991 TLNJ 101 and ultimately, at Paragraphs 15, 16 and 17, held as follows:
Madras High Court Cites 51 - Cited by 3 - Full Document

Kamlesh Jayantibhai Barot vs Niranjanbhai Aaratbhai Barot on 27 January, 2025

As observed in Gujarat SRTC v. Ramanbhai Prabhatbhai [(1987) 3 SCC 234 a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child." In paragraph 15 of the said decision, while adverting to the provisions of Section 140 of the Act, the Court observed that even if there is no loss of dependency, the claimant, if he was a legal representative, will be entitled to compensation. In the concurring judgment of Justice S.H. Kapadia, as His Lordship then was, it is observed that there is distinction between "right to apply for compensation" and "entitlement to compensation". The compensation constitutes part of the estate of the deceased. As a result, the legal representative of the deceased would inherit the estate. Indeed, in that case, the Court was dealing with the case of a married daughter of the deceased and the efficacy of Section 140 of the Act.
Gujarat High Court Cites 16 - Cited by 0 - Full Document

New India Assurance Company Ltd vs Virendrabhai Narsinhbhai Joshi on 29 January, 2025

As Page 12 of 15 Uploaded by GAURAV J THAKER(HC00951) on Wed Jan 29 2025 Downloaded on : Thu Jan 30 01:06:39 IST 2025 NEUTRAL CITATION C/FA/3513/2024 ORDER DATED: 29/01/2025 undefined observed in Gujarat SRTC v. Ramanbhai Prabhatbhai3 a legal representative is one who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent and child."
Gujarat High Court Cites 15 - Cited by 0 - Full Document
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