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Head Note

Motor Vehicles Act,1988  - Section 166 , Section 140

Fatal accident - Compensation - Apportionment - Rival Claim - Deceased Auto Rickshaw driver died in accident with Lorry - Claim petition filed by widow, impleading mother of the deceased - Claimant and present appellant found entitled for compensation - Appellant, contending that, after the death of the deceased claimant has deserted her and was not looking after her welfare, as such not entitled to compensation in equal measure - Tribunal awarded Rs. 3,40,000 along with interest @ 12% - Said amount was to be apportioned equally - High Court restricting share of appellant to Rs. 50,000 only - Considering peculiar facts of the case, direction issued for payment of rs. 1,25,000 to appellant/mother of deceased and balance to the claimant/widow.

Motor Vehicles Act,1988  - Section 166 , Section 140

Motor Accident - Compensation - Apportionment of - Appeal to Supreme Court qua apportionment of compensation - Insurer's plea regarding rate of interest - rate of interest @ 12%, though found to be at higher side - No appeal by insurer - Plea cannot be entertained in absence of any appeal by insurer - It is observed that, had there been an appeal, there would be certainly scope for interference.

Topic(s)-Motor Accident Claim , Fatal Accident , Compensation , Rival Claim