Motor Accident Claim
Mode of Citation- ILC-2017-SC-MAC-....
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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2017-SC-MAC-....
Judgement Subject Index/Important Decision/Topic

ILC-2003-SC-MAC-Sep-2

Asha Vs. United India Insurance Co. Ltd.

Head Note

Motor Vehicles Act,1988  - Section 149 , Section 147 , Section 173

Appeal - Against owner and Insurance Company award passed - Owner's right to file an appeal - Owner has a right to maintain an appeal since he is also an aggrieved party - So long as owner was a party to the appeal the mere fact that name of the Insurance Company was not deleted (as no such objection was taken before High Court) was no ground for setting aside the impugned order.

Motor Vehicles Act,1988  - Section 173 , Section 168

Amount of compensation - Entitled for amount of loss suffered by claimants - Held - Claimants were entitled to be compensated for the loss suffered by them - Loss suffered by them is the amount which they would have been receiving at the time when deceased was alive - High Court was in holding that there can be no doubt that the dependents would only be receiving the net amount less 1/3rd for his personal expenses.

Motor Vehicles Act,1988  - Section 173

Award passed against both the owners of vehicles and against two Insurance Companies - Appeal filed by only one owner - It could not be said that a party aggrieved could not maintain his own appeal merely because other owner did not file an appeal.

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