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1 - 10 of 31 (0.61 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
Section 110A in Motor Vehicles Act, 1939 [Entire Act]
Motor Vehicles Act, 1939
Gujarat State Road Transport ... vs Ramanbhai Prabhatbhai & Another on 11 May, 1987
12. Further, Sri Kota Subba Rao, the learned amicus curiae, has
contended that a claim petition can be maintained even by the non-
dependants of the deceased in a motor vehicle accident. It is
contended that from a reading of the provision under Section 166 of
the Motor Vehicles Act, it is clear that the claim can be laid by the
legal representative of the deceased. It is further contended that
whether the compensation is to be awarded or not, is a matter which
depends on facts of each case, but at the same time, in view of the
language envisaged under Section 166 of the Motor Vehicles Act, a
legal representative can make a claim. The learned amicus curiae has
also referred to Rule 2(g) of the Motor Vehicles Rules, 1989. He has
referred to the judgment of Honble Supreme Court in Gujarat State
Road Transport Corporation, Ahmedabad v. Ramanbhai
Prabhatbhai & another , wherein, the Honble Supreme Court has
held that the brother of a person who is killed in a motor vehicle
accident, is entitled to compensation in the proceedings instituted
before the Motor Accidents Claims Tribunal. In the aforesaid
judgment, the 85th report of the Law Commission was considered.
Manjuri Bera vs Oriental Insurance Company Ltd. And Anr on 30 March, 2007
In view of the clear language under Section 166 of the Act and
in view of the judgment of Honble Supreme Court in Manjuri
Beras case (9 supra), wherein, it is held that the compensation to be
awarded under Section 140 of the Motor Vehicles Act will form part
of the estate of deceased, and further, as the Act also provides for
compensation on other conventional heads, we are of the view that the
non-dependant also can lay a claim by filing application under Section
166 of the Act. It is also to be noticed that the situations may arise,
where, one may have suffered injuries initially but ultimately after
filing a claim, may have succumbed to such injuries also.
P.S. Somanathan & Ors vs District Insurance Officers & Anr on 17 February, 2011
Further, the judgment in P.S.Somanathan & others v.
District Insurance Officer & another is also brought to our notice,
wherein, the Honble Supreme Court has held that the sister of the
deceased can lay a claim for compensation under Section 166(1) of
the Motor Vehicles Act.
Kannamma vs Deputy General Manager on 27 November, 1990
15. Further, in the judgment in the case of Kannamma v. Deputy
General Manager , a Full Bench of Karnataka High Court has
considered the right of legal representatives to come on record and
continue the proceedings initiated by the deceased claimant. In the
aforesaid judgment, the Full Bench, while considering the provision
under Section 110-A of the Motor Vehicles Act, 1939 read with the
provision under Section 306 of the Indian Succession Act, 1925, has
held that if the death is due to the injuries suffered in the accident,
legal representatives can prosecute the petition only relating to the
loss to the estate of the deceased.