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march 2007

Supreme Court of India · 2007-03-30

MANJURI BERA vs ORIENTAL INSURANCE CO. LTD.

Citation / case number
SC 2004/2705
Court
Supreme Court of India
Petitioner
MANJURI BERA
Respondent
ORIENTAL INSURANCE CO. LTD.
Author
Arijit Pasayat
Bench
ARIJIT PASAYAT & S. H. KAPADIA

Judgment text excerpt

The Supreme Court held that a married daughter can be considered a 'legal representative' under Section 166 of the Motor Vehicles Act, 1988, but is not entitled to compensation unless she can prove dependency on the deceased. The Court found that the Calcutta High Court's dismissal of the claim based on the lack of dependency was overly technical and did not account for the loss to the estate. The Court emphasized the need for a pragmatic interpretation of the law, ultimately allowing the appeal and remanding the case for further consideration.

MANJURI BERA vs ORIENTAL INSURANCE CO. LTD. · Niyam