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Smt. Bhagwati Bai and anr. Vs. Bablu @ Mukund and ors.

Court : Madhya Pradesh

Subject : Motor Vehicles

Reported in : 2007ACJ682; AIR2007MP38; [2007(2)JCR115(MP)]; 2006(4)MPLJ5

the Division Bench has held on the basis of the principle contained in Section 306 of the Indian Succession Act, 1925, that on the death of the claimant who had suffered the personal injury in the accident, the legal … the respondent No. 2 and insured with the respondent No. 3. Pancham Singh filed a claim case under Section 166 of the Motor Vehicles Act, 1988, on 1-4-1999 before the 1st Additional Motor Accident Claims Tribunal, Gwalior, which

Jane Antony and ors. Vs. V.M. Siyath and ors.

Court : Kerala

Subject : Family

Acts : Indian Succession Act, 1925 - Sections 8, 33, 36 and 37 to 40; Motor Vehicles Act, 1988 - Sections 166; Indian Divorce Act, 1869 - Sections 19, 21 and 57; Hindu Marriage Act, 1955 - Sections 12 and 16; Domestic Violence Act, 2005; Hindu Adoptions and Maintenance Act, 1956 - Sections 2(1) and 6; Property Law (Amendment) Act, 1971; Status of Children Act, 1969 - Sections 3; Matrimonial Causes Act; Family Law Reform Act, 1969; Family Law Reform (Amendment) Act, 1987; Code of Criminal Procedure (CrPC) - Sections 125 and 125(1); Hindu Law; Muslim Law; Constitution of India - Article 32; Central Civil Service (Conduct) Rules; Bihar Government Servants' Conduct Rules, 1976

Reported in : 2009ACJ2272

the entitlement of compensation for respondent Nos. 4 and 5 with reference to the provisions of the Indian Succession Act, 1925, which is the law of succession applicable to the appellants. Counsel for the appellants relied on Section 33(a) … the decision in Unni v. Baby John : 2008 ACJ 2575 (Kerala), held that the claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') is maintainable only when it is

Uttam Kumar (Deceased) Vs. Madhav and anr.

Court : Karnataka

Subject : Motor VehiclesCivil

Acts : Motor Vehicles Act, 1988 - Sections 166 and 166(1); Succession Act, 1925 - Sections 306

Reported in : 2002ACJ1828; ILR2002KAR1864; 2002(3)KarLJ337

time has been mentioned in the section. There is also no bar under Section 306 of the Indian Succession Act, 1925 (in short 'the I.S. Act'). Therefore, the observations of the Division Bench in para 3 of the Order … point in issue has already been decided by the Full Bench and also it is very clear from Section 166 of the Motor Vehicles Act, 1988 (shortly called 'M.V. Act') that L.Rs of the deceased can pursue the

Subara Bi @ Tharama Bi Vs. Bhasheeria,

Court : Chennai

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 149(2), 163, 163A, 165, 166, 166(1), 168, 169, 170 and 173; ;Motor Vehicles Act, 1939 - Section 110A and 110C; ;Indian Succession Act, 1925 - Section 306; ;Evidence Act, 1872 - Sections 74 and 77; ;Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 27

injuries sustained were because of accident due to use of motor vehicle for claiming compensation - Held: yes.Succession Act, 1925, Section 306 - Actio personalis moritur cum persona - Abatement - Whether the claim of the injured for the … the respondents, who are the owner and the insurer of the said bus involved in the accident, under Section 166(1) of the Motor Vehicles Act.4. Subsequent to the filing of the petition, the first petitioner took treatment at

N.R. Patel and Co., Rep. by Its Partner and ors. Vs. Smt. T. Aparna an ...

Court : Andhra Pradesh

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Sections 110A, 110A(1), 149(2), 163A, 165, 166 and 170; Indian Succession Act, 1925 - Sections 306

Reported in : IV(2006)ACC488; 2006ACJ2719; 2006(4)ALD130; 2006(3)ALT657

not survive and does not pass over to his legal representatives in view of Section 306 of the Succession Act, 1925. However, the claim under the Act also relates to the estate of the deceased, the action survives on … of money. It may include pain, sufferings, agony and loss of income, etc. In view of provisions of Section 166 of the Motor Vehicles Act, the claimant would get the compensation on account of the death of a

Gujarat State Road Transport Corporation Vs. Amishkumar Vinodbhai and ...

Court : Gujarat

Subject : Motor Vehicles

Reported in : (1996)3GLR212

Act, 1881. Both these Acts contained a section which is now reproduced as Section 306 of the Indian Succession Act. 1925. The material portion of that section is as follows:All demands whatsoever and all rights to prosecute or defend … injuries suffered by him in the accident. They could have filed a substantive claim petition for compensation under Section 166 of the Motor Vehicles Act, 1988 following the death of the injured victim. However, since the injured victim

National Insurance Company Ltd. Vs. P.C. Chacko and Others

Court : Kerala

Subject : Land Acquisition

In this view of the matter following the principles under Chapter II of Part V of the Indian Succession Act, 1925, claimant is the only legal heir of his deceased daughter and grandchild. No dispute is raised on that … the claimant has to be established, the learned counsel for the respondent submits that the said requirement under Section 166 of the M.V Act cannot be blindly imported while deciding a claim under Section 163A of the M.V

Rajesh Tyagi and ors Vs. Ramesh Chandra Gupta and anr.

Court : Delhi

Subject : Land Acquisition

of the injured The Law Commission in its 178thReport recommended the amendment to Section 306 of the Indian Succession Act, 1925 as well as Section 166 of the Motor Vehicles Act, 1988 to provide for initiation/continuation of proceedings by

Sobat Singh Vs. Ramesh Chandra Gupta and anr.

Court : Delhi

Subject : Land Acquisition

of the injured The Law Commission in its 178thReport recommended the amendment to Section 306 of the Indian Succession Act, 1925 as well as Section 166 of the Motor Vehicles Act, 1988 to provide for initiation/continuation of proceedings by

Leelavathi @ Leelamma and anr. Vs. Chandra Mouli and anr.

Court : Karnataka

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1988 - Sections 149(2), 155, 166, 170 and 173; Motor Vehicles Act, 1939 - Sections 110A and 110C(2A); Indian Succession Act, 1925 - Sections 306; Constitution of India - Article 38; Indian Penal Code

Reported in : ILR2007KAR2338; ILR2007(2)Kar2338; 2007(4)KCCRSN217(DB)

and Anr : ILR2002KAR1864 . Our attention was drawn to the provisions of Section 306 of the Indian Succession Act, 1925 (Central Act No. 39 of 1925). Placing reliance on both these decisions, the learned Counsel assertively canvassed that … Kumar created cause of action for the claimants to seek compensation as provided for under the provisions of Section 166 of the M.V. Act. We, therefore, discount all the contentions of insurance company regarding right of the claimants