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Deepak Jain, Hisar (Practicing Lawyer)     06 July 2009

Motor Vehicle Act

Respected Plz Guide/Help me

 

Motor Vehicle Act- Claim Petition under section 166 filed by Mother and Father on account of their Son- During the pendency of petition Mother died but this fact not comes on case file and the award was passed by the MACT in favour of both petitioners (Mother & Father)- Awarded amount has been deposited by the Insurance Company- Father (one of the petitioner) withdrawn the amount of his share.

Now upon application for disbursement of remaining amount (of mother's share) filed by father, remaining sons- court put a quarry that how it can order in favour of the applicants and show me the direct case law on it specifically on MACT(tort).

 

"Naresh Vs. Maharashtra State Electricity Board" III(2005)ACC 369 - It is just similar to the above preposition But the honble court distinguished as in that case purposed legal hairs were already party to the main petition in their individual capacity and given time for DIRECT CASE LAW.

 

So Plz Guide me you all Please. Don’t take it as I do not want to do hard work on it…but I have done a lot but could not find any. 



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