BHANWAR BAI Vs. SHIVKUMAR

JUDGEMENT

(1.) SECTION 166 of The Motor Vehicles Act, 1988 (hereinafter referred to as Act for convenient) provides-

(2.) M. A. C. T. has to act keeping in view the benevolent provisions of new Act for the purpose of giving solace to the L. Rs. of victim, who died in motor accident or the victim who survived by inheriting the disability caused by such motor accident. Technical difficulties of not importance or less importance have to be solved out by adjudicating the rational, broad minded approach. Thus, hapless persons should not be asked to engage themselves in non-ending process of making applications after applications and approaching the lower Court, higher Court and highest Court.

(3.) THE Tribunal is hereby directed to take undertaking from the petitioner that she is alone of deceased Pirozi. Thereafter, she be permitted to contest the claim and the said claim be decided in accordance with provisions of law. There is absolutely no need of asking the petitioner to obtain succession certificate because that would be engaging her in a time consuming process and would be virtually putting her on road.