Skip to main content

Married girl’s parents can be heirs

 Parents of a married daughter can be considered her legal heirs, the Bombay high court has said.

The HC was hearing a compensation claim application filed by an elderly Mumbai couple after their 19-year-old married daughter died in a road accident 13 years ago, Justice A P Bhangale asked the Motor Accidents Claims Tribunal (MACT) to rehear the case.

"Reading the provision as it is, any legal heir is entitled to claim compensation awardable under the Motor Vehicles Act," said Justice Bhangale. "Prima facie, it cannot be said that the parents of the victim, though she was married, were not her legal heirs, particularly when her husband was no more living." The judge said that the question needs full consideration and directed the MACT to hear the application and decide on it within six months.

On November 4, 2000, Sneha Vaikar (19) and her husband died in an accident. Their minor son suffered serious injuries. Her parents Subhayadra and Manohar Ghule filed a Rs 3 lakh compensation claim before the MACT. They said Vaikar was earning Rs 3,000 a month at the time of her death. But, the MACT dismissed the plea. It also said that the addresses given by the Ghules were different—one showed their residence in Mumbai whereas another was a Navi Mumbai address. The Ghules then filed an appeal before the HC.

The HC said the MACT couldn't take a hyper technical view of the matter. "The Motor Vehicle Act is a special statute with social welfare objectives. The jurisdiction of the MACT having regard to the terminologies used in the Act must be held to be wider than the civil court," said the judge, while ruling that the MACT had erred in refusing to entertain the Ghules' application.

Article referred: http://timesofindia.indiatimes.com/city/mumbai/Married-girls-parents-can-be-heirs/articleshow/23997695.cms

Comments

Most viewed this month

Deposit Of Minimum 20% Fine/Compensation U/s 148 NI Act Mandatory

In OP(Crl.).No.348 OF 2019, T.K.SAJEEVAN vs FRANCIS T.CHACKO, the appeal was filed against the order of the lower court to deposit 25% of the fine before filling of appeal. The appellant argued that the deposit introduced through the Section 148 of the NI Act after amendment was directory in nature as it used the term 'may' while mentioning the issue of deposit. The Kerala High Court however disagreeing held that in view of the object of the Legislature while incorporating Section 148 into N.I. Act, the word 'may' will have to be read as 'shall'. The imposition of payment contemplated under Section 148 N.I. Act cannot be restricted to some prosecutions and evaded in other prosecutions. Since the amount directed to be deposited being compensation, undoubtedly, it is liable to be ordered to be deposited irrespective of the nature of the prosecution. Therefore, the word 'may' can only be taken to have the colour and meaning of 'shall' and there

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subsequently filed rejoinder claiming the debt t

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil