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1 - 10 of 13 (0.49 seconds)The Motor Vehicles Act, 1988
Section 1A in The Fatal Accidents Act, 1855 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Megjibhai Khimji Vira And Anr. vs Chaturbhai Taljabhai And Ors. on 14 February, 1977
13. We feel that the view taken by the Gujarat High Court is in consonance with the principles of justice, equity and good conscience having regard to the conditions of the Indian society. Every legal representative who suffers on account of the death of a person due to a motor vehicle accident should have a remedy for realisation of compensation and that is provided by Sections 110-A to 110-F of the Act. These provisions are in consonance with the principles of law of torts that every injury must have a remedy. It is for the Motor Vehicles Accidents Tribunal to determine the compensation which appears to it to be just as provided in section 110-B of the Act and to specify the person or persons to whom compensation shall be paid. The determination of the compensation payable and its apportionment as required by Section 110-B of the Act amongst the legal representatives for whose benefit an application may be filed under Section 110-A of the Act have to be done in accordance with well-known principles of law. We should remember that in an Indian family brothers, sisters and brothers' children and some times foster children live together and they are dependent upon the bread-winner of the family and if the bread-winner is killed on account of a motor vehicle accident, there is no justification to deny them compensation relying upon the provisions of the Fatal Accidents Act, 1855 which as we have already held has been substantially modified by the provisions contained in the Act in relation to cases arising out of motor vehicles accidents. We express our approval of the decision in Megjibhai Khimji Vira v. Chaturbhai Taljabhai, (supra) and hold that the brother of a person who dies in a motor vehicle accident is entitled to maintain a petition under Section 110-A of the Act if he is a legal representative of the deceased.
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
Section 2 in The Fatal Accidents Act, 1855 [Entire Act]
P.B. Kader And Ors. vs Thatchamma And Ors. on 25 March, 1969
Amongst these cases are P.B. Kader v. Thatchamma, A.I.R. 1970 Ker 241 and Dewan Hari Chand v. Municipal Corporation of Delhi, A.I.R. 1973 Del 67. The second group of cases are those referred to in paragraph 6 of the decision of the Gujarat High Court.
Section 1 in The Motor Vehicles Act, 1988 [Entire Act]
Mohammed Habibullah And Anr. vs K. Seethammal on 4 July, 1966
They are Mohammed Habibullah v. K. Seethammal, A.I.R. 1967 Mad.