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january 2014

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.

MONTFORD BORTHERS OF ST.GABRIEL vs UNITED INDIA INSURANCE . · Niyam