Supreme Court · 2007 INSC 356 · Decided 30 March 2007
SMT. Manjuri Bera v. The Oriental Insurance Company LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 356 · [2007] 4 S.C.R. 590
- Case number
- CIVIL APPEAL No. 1702/2007
- Decided
- 30 March 2007
- Bench
- ARIJIT PASAYAT, S.H. KAPADIA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 2(ii), 2(11); Motor Vehicles Act Section 140, 166, 168
Headnote
Motor Vehicles Act, 1988; Ss. 140, 166 and 168/West Bengal Motor Vehicles Rules, 1989/Code of Civil Procedure, 1908; s 2(ii). C Motor Vehicles accident-Death-Claim Petition-Legal representative not dependent on deceased-Entitlement to-Held: In case of vehicular accident, all/any of legal could file a claim petition-Liability in terms of s. 140 of the Act does not cease merely because of absence of dependency- D Right to file claim has to be considered in the back ground of right to entitlement-Even if there is no loss of dependency, the claimant/legal representative would be
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