The single judge bench of Justice H.S. Madaan of the Punjab and Haryana High Court in the case of The Oriental Insurance Company Ltd Vs Raj Rani and others held that Section 166 of the Motor Vehicles Act is a piece of welfare legislation. It was enacted by the Parliament to provide relief to the persons, who suffered injuries in the motor vehicular accident as well as to the legal representatives of the victims, who unfortunately lost their lives in such mishaps.
BRIEF FACTS
The factual matrix of the case is that the rash and negligent driving of motorcycle leads to the sudden demise of Satbir. The LRs of the deceased brought a claim petition under section 166 of the Motor Vehicles Act, 1988 against driver, owner and Oriental Insurance Company Ltd., Chandigarh – insurer of the offending motorcycle in question before Motor Accidents Claims Tribunal.
The Tribunal found widow of deceased, namely, Smt.Raj Rani, claimant No.1 and his minor son Sumit aged 16 years entitled to get compensation. The compensation payable to them was worked out to Rs.2,53,816/-. The Tribunal however found major son of deceased, namely, Sanju Kumar aged about 30 years and daughter - Shavnam aged about 21 years to be not entitled to get compensation.
COURT’S OBSERVATION
The hon’ble court held that an unmarried daughter of the age of 21 years is financially dependent upon her parents and rather father in most of the cases, for meeting her basis needs. Most girls in that age group are usually students and after completion of studies, they are to be married off by the parents bearing the necessary expenses. Therefore, observing that Shavnam was not entitled for compensation is not the correct view taken by the Tribunal. The Tribunal has however found Smt.Raj Rani – widow and Sumit minor son of the deceased to be dependent family members. Section 166 of the Motor Vehicles Act is a piece of welfare legislation. It was enacted by the Parliament to provide relief to the persons, who suffered injuries in the motor vehicular accident as well as to the legal representatives of the victims, who unfortunately lost their lives in such mishaps. Strict rules of evidence and procedure are not applicable there.
CASE NAME- The Oriental Insurance Company Ltd Vs Raj Rani and others
CITATION- FAO-8491-2017(O&M)
CORUM- Justice H.S. Madaan
DATE- 29.11.22
Read Judgment ;
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