Just a moment...

Report
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2021 (12) TMI 1527

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....parties. This appeal has been filed against the judgment and award dated 24.08.2021 passed in claim petition no.115 of 2017 (Anand Pal and others vs. Rafeeq Ahmad and others) by which Motor Accident Claims Tribunal, Muzaffarnagar has allowed the claim petition filed under Sections 166 and 140 of the Motor Vehicles Act, 1988 and awarded compensation of Rs.30,15,540/- along with simple interest of ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ainst the motor cycle of deceased from behind and he died on the spot due to the injuries so sustained in the accident? 2. Whether at the time of the alleged accident, driver of the truck bearing registration no. HR-58 B- 8867 was having a valid and effective driving licence and valid insurance certificate etc. and the same was driven as per terms and conditions of insurance policy? 3. Whether t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....absence of dependency. Therefore, they are not entitled for compensation on account of accidental death of their brother, they are only entitled for the compensation amount fixed under Section 140 of the Act, i.e. Rs.50,000/-. Learned counsel for the respondents opposed the contention of the learned counsel for the appellant by submitting that learned Tribunal considering the cases decided by Hon....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of Gujarat State Road Transport Corporation, Ahmedabad vs. Ramanbhai Prabhatbhai and another, AIR 1987 SC 1690 and Manjuri Bera (supra) have been elaborately discussed and learned counsel for the appellant has also not disputed that the learned Tribunal has considered the case of Gujarat State Road Transport Corporation (Supra), in which it has been held that brother of a deceased is entitled to m....