Supreme Court of India · 2014-01-28
MONTFORD BORTHERS OF ST.GABRIEL vs UNITED INDIA INSURANCE .
- Citation / case number
- SC 2004/5404
- Court
- Supreme Court of India
- Petitioner
- MONTFORD BORTHERS OF ST.GABRIEL
- Respondent
- UNITED INDIA INSURANCE .
- Author
- SHIVA KIRTI SINGH
- Bench
- P SATHASIVAM,RANJAN GOGOI,SHIVA KIRTI SINGH
Judgment text excerpt
The Supreme Court held that the appellants, a charitable society, were entitled to claim compensation under the Motor Vehicles Act for the death of a member who was a 'Brother' and had no natural heirs. The Court emphasized that the Insurance Company did not raise the issue of locus standi during the proceedings, thus affirming the Tribunal's award of Rs.2,52,000/- in favor of the appellants. The Court set aside the High Court's order which invalidated the Tribunal's decision, reinforcing the principle that a claim can be made by a society on behalf of its deceased member under the Motor Vehicles Act.