Motor Vehicles Act, 1988 Section 166 — Application for compensation

Judgments citing Motor Vehicles Act, 1988 Section 166

1. The A.P.S.R.T.C., Musheerabad, Hyderabad vs Shaik Nazeeruddin & another on 24 April, 2023

   High Court of High Court for State of Telangana24 Apr 2023

   Case Name: The A.P.S.R.T.C. vs Shaik Nazeeruddin & another on 24 April, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 24 April, 2023 Bench: Smt. Justice M.G. Priyadarshini Subject: Motor Vehicle Accident Claim Key Legal Propositions 1. In the absence of rebuttal evidence, a claim of contributory negligence cannot be accepted. 2. Compensation awarded by the Tribunal for injuries sustained in an accident, considering the nature of injuries, age, avocation, and income, requires no interference unless demonstrably excessive. 3. Interest at 7.5% per annum on awarded compensation from the date of petition till realization is just and reasonable, as per Apex Court precedent. Judgment Summary Background: This appeal arises from a Motor Accident Claim Petition (M.V.O.P. No. 286 of 2015) wherein the claimant sought compensation for injuries sustained in a road accident involving an APSRTC bus. The Tribunal partially allowed the claim, awarding Rs. 7,80,400/-. The APSRTC appealed, contesting the award and alleging contributory negligence on the part of the tractor trolley driver. Held: A. On Contributory Negligence: Majority View: The Court rejecte

2. Shriram General Insurance Company Ltd. vs. D. Padma & Ors. on 09 January, 2023

   High Court of High Court for State of Telangana9 Jan 2023

   Case Name: Shriram General Insurance Company Ltd. vs. D. Padma & Ors. on 09 January, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 09 January, 2023 Bench: Smt. Justice M.G. Priyadarshini Subject: Motor Vehicle Accident Claim – Quantum of Compensation Key Legal Propositions 1. The extent of negligence required to absolve an insurance company from liability when the driver holds a license for a non-transport vehicle but drives a transport vehicle is no longer res integra, following the Mukund Dewangan v. Oriental Insurance Company Ltd. precedent. 2. While determining compensation in motor accident cases, future prospects can be added to the income of the deceased, considering their age, and a multiplier of '15' is appropriate for a deceased aged 36 years, as per Sarla Verma v. Delhi Transport Corporation. 3. The tribunal can consider the income of the deceased based on the evidence available, and if the evidence is insufficient, a reasonable estimation can be made, subject to scrutiny. Judgment Summary Background: These appeals arise from a Motor Accident Claims Petition (MACP) seeking compensation for the death of D. Mogulappa in a motor vehicle acciden

3. T. Malla Goud vs Sri Sandeep Reddy and The United India Insurance Company Ltd. on 24 March, 2023

   High Court of High Court for State of Telangana24 Mar 2023

   Case Name: T. Malla Goud vs Sri Sandeep Reddy and The United India Insurance Company Ltd. on 24 March, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 24 March, 2023 Bench: Smt Justice M.G. Priyadarsini Subject: Motor Vehicle Accident Claim – Enhancement of Compensation Key Legal Propositions 1. The extent of compensation awarded by the Motor Accidents Claims Tribunal (MACT) can be enhanced by the High Court if found inadequate considering the nature of injuries, treatment period, and medical expenses. 2. While proof of income is desirable, the court can reasonably estimate income in the absence of concrete evidence, particularly considering the claimant’s age and occupation. 3. The Tribunal’s finding regarding the manner of accident based on appreciation of evidence is generally not interfered with unless there are compelling reasons to do so. Judgment Summary Background: This appeal arises from a claim petition filed under Section 166 of the Motor Vehicles Act seeking compensation for injuries sustained in a motor vehicle accident on 06.11.2013. The claimant alleged that he was hit by a motorcycle due to its rash and negligent driving. Th

4. The Managing Director, APSTRC vs T. Venkatamma & Ors. on 28 April, 2023

   High Court of High Court for State of Telangana28 Apr 2023

   Case Name: The Managing Director, APSTRC vs T. Venkatamma & Ors. on 28 April, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 28 April, 2023 Bench: Smt Justice M. G. Priyadarsini Subject: Motor Vehicle Accident Claim Key Legal Propositions 1. Contributory negligence requires supporting evidence beyond oral testimony of the driver and must be substantiated with passenger or documentary evidence. 2. Quantum of compensation awarded by the Tribunal is subject to interference only if found to be unjust or unreasonable. 3. The rate of interest on awarded compensation should be reduced to 7.5% per annum as per the Supreme Court’s decision in *Rajesh & others vs. Rajbir Singh & others*. Judgment Summary Background: This is an appeal under Section 173 of the Motor Vehicles Act challenging the order and decree dated 23.10.2017 passed by the Motor Accident Claims Tribunal, Hyderabad, in M.V.O.P.No.490 of 2015. The claim petition sought compensation for the death of T. Anjaiah due to a road accident involving an RTC bus. The Tribunal awarded Rs.9,65,000/- as compensation. The appellant (APSTRC) contests the award, alleging contributory negligence and exce

5. Merugu Ramesh & Anr. vs Mohd. Hyder & Ors. on 03 November, 2023

   High Court of High Court for State of Telangana3 Nov 2023

   Case Name: Merugu Ramesh & Anr. vs Mohd. Hyder & Ors. on 03 November, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 03 November, 2023 Bench: Sri Justice Nagesh Bheemapaka Subject: Motor Vehicle Accident Claim – Negligence – Quantum of Compensation Key Legal Propositions 1. A claimant must establish negligence on the part of the driver to be entitled to compensation in a motor vehicle accident claim. 2. The Tribunal’s finding regarding the absence of negligence is generally not interfered with unless it is demonstrably erroneous. 3. Compensation for vehicle repair and loss of income is contingent upon proving negligence on the part of the respondent. Judgment Summary Background: This appeal arises from a claim petition filed before the Motor Accidents Claims Tribunal (MACT), Warangal, seeking compensation for damages sustained in a motor vehicle accident on 09.02.2005. The claimants alleged that the accident was caused by the rash and negligent driving of a lorry. The MACT dismissed the petition, finding no negligence on the part of the lorry driver. The appellants challenged this decision. Held: A. On Issue of Negligence: Majority View: The Court uphe

6. United India Insurance Company Limited vs. P.Padma on 06 April, 2023

   High Court of High Court for State of Telangana6 Apr 2023

   Case Name: United India Insurance Company Limited vs. P.Padma on 06 April, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 06 April, 2023 Bench: Justice M.G. Priyadarsini Subject: Motor Vehicle Accident Claim – Quantum of Compensation Key Legal Propositions 1. The extent of liability in motor vehicle accident claims is determined by establishing rash and negligent driving. 2. In the absence of concrete proof of income, the court can reasonably estimate the deceased’s income for compensation calculation. 3. The rate of interest awarded on compensation can be modified by the appellate court, adhering to established precedents. Judgment Summary Background: This appeal arises from a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of P. Anjaiah in a motor vehicle accident. The Tribunal awarded Rs. 1,65,000/- as compensation, which the insurance company challenged, primarily contesting the quantum and alleging invalid driving license of the driver. Held: A. On Issue of Rash and Negligent Driving: Majority View: The Court upheld the Tribunal’s finding that the accident occurred due to the rash and negl

7. R Dalamma vs The APSRTC on 21 February, 2023

   High Court of High Court for State of Telangana21 Feb 2023

   Case Name: R Dalamma vs The APSRTC on 21 February, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 21 February, 2023 Bench: Justice M.G. Priyadarsini Subject: Motor Vehicle Accident – Enhancement of Compensation Key Legal Propositions 1. The extent of compensation awarded by the Motor Accidents Claims Tribunal (MACT) can be enhanced by the High Court, considering the age of the deceased, their earning potential, and applying an appropriate multiplier for future prospects. 2. In cases of accidental death, a deduction of 50% can be made from the monthly income of the deceased towards personal and living expenses to determine the net monthly contribution to the family. 3. Interest on the enhanced compensation amount is payable from the date of filing the Original Petition (OP) until realization of the amount. Judgment Summary Background: This appeal arises from a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for the death of R. Bhaskara Rao in a motor vehicle accident involving an APSRTC bus. The MACT awarded Rs. 5,42,000/- as compensation. The claimants appealed, seeking enhancement of the compensation amount,

8. Vavilala Yugender @ Mahender(died per LRs) vs D Ravi Shanker & Ors on 24 April, 2023

   High Court of High Court for State of Telangana24 Apr 2023

   Case Name: Vavilala Yugender @ Mahender (died per LRs) vs D Ravi Shanker & Ors on 24 April, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 24 April, 2023 Bench: Smt Justice M.G.Priyadarsini Subject: Motor Vehicle Accident Claim Key Legal Propositions 1. Compensation can be enhanced beyond the claimed amount in Motor Vehicle Accident cases, considering the beneficial legislation and principles of just compensation. 2. Legal representatives of a deceased claimant can claim loss of estate, including medical expenses, treatment costs, and future prospects. 3. The rate of interest on awarded compensation can be modified by the appellate court. Judgment Summary Background: These appeals arise from a Motor Accident Claims Tribunal (MACT) award concerning a road accident resulting in the death of the original claimant and injuries to others. M.A.C.M.A. No. 2142 of 2018 was filed by the claimants (legal representatives of the deceased), seeking enhancement of compensation. M.A.C.M.A. No. 2793 of 2018 was filed by the Insurance Company challenging the award. Held: A. On Issue of Enhancement of Compensation: Majority View: The Court allowed the appe

9. Andhra Pradesh State Road Transport Corp. vs. Vennam Mohan Reddy on 23 March, 2023

   High Court of High Court for State of Telangana23 Mar 2023

   Case Name: Andhra Pradesh State Road Transport Corp. vs. Vennam Mohan Reddy on 23 March, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 23 March, 2023 Bench: Smt. Justice M.G. Priyadarshini Subject: Motor Vehicle Accident Claim – Quantum of Compensation Key Legal Propositions 1. In the absence of concrete proof of income, the court can reasonably estimate income considering the claimant’s age and occupation. 2. The Tribunal’s findings regarding the manner of accident, based on appreciation of evidence, are generally not interfered with by the appellate court. 3. Compensation awarded towards medical expenses, loss of income due to disability, transportation, nourishment, and future medical expenses can be upheld if supported by evidence and deemed just and reasonable. Judgment Summary Background: This appeal arises from a Motor Accident Claim Petition (M.V.O.P. No. 1001 of 2013) filed before the Motor Accident Claims Tribunal, Warangal, seeking compensation for injuries sustained in a road accident on 03.09.2013. The Tribunal awarded Rs. 10,23,600/- as compensation. The Appellant, Andhra Pradesh State Road Transport Corporation, challenges the quantum of

10. Bajaj Allianz General Insurance Co. Ltd. vs. Chiruvella Vijayamma & Ors. on 14 September, 2023

    High Court of High Court for State of Telangana14 Sept 2023

    Case Name: Bajaj Allianz General Insurance Co. Ltd. vs. Chiruvella Vijayamma & Ors. on 14 September, 2023 Court: The High Court for the State of Telangana at Hyderabad Date of Judgment: 14 September, 2023 Bench: P. Sam Koshy & Laxmi Narayana Alishetty, JJ. Subject: Motor Vehicle Accident – Compensation – Quantum of Compensation – Interest – General Damages Key Legal Propositions 1. In cases of accidental death, the deduction towards personal expenses of the deceased, if a bachelor, should be 50% as per the Supreme Court’s ruling in *National Insurance Company Limited vs. Pranay Sethi*. 2. Interest on awarded compensation should be granted from the date of filing the claim petition before the Tribunal. 3. Compensation under the head of general damages, including funeral expenses, loss of estate, and loss of parental consortium, is legally permissible and should be awarded based on prevailing norms as established by the Supreme Court in *Anjali and others vs Lokendra Rathod and others* and *Sarala Verma aud others v. Delhi Transport Corporation and another*. Judgment Summary Background: These are appeals arising from a Motor Accident Claims Tribunal (MACT) award. MACMA No. 2

11. The New India Assurance Company Limited vs. Rathod Bhikku on 03 March, 2023

    High Court of High Court for State of Telangana3 Mar 2023

    Case Name: The New India Assurance Company Limited vs. Rathod Bhikku on 03 March, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 03 March, 2023 Bench: Sri Justice Pulla Karthik Subject: Motor Vehicle Accident Claim – Appeal against award of compensation for death due to negligence. Key Legal Propositions 1. Liability of insurance company extends to gratuitous passengers unless contrary evidence is established. 2. Determination of compensation amount in motor accident claims requires consideration of evidence regarding income, age, and dependency of the deceased. 3. Joint and several liability exists for owner and insurer when insurance policy is in force at the time of the accident. Judgment Summary Background: This appeal arises from a Motor Accident Claims Tribunal (MACT) award granting compensation to the claimants for the death of Rathod Sunitha in a motor vehicle accident. The New India Assurance Company Limited, the insurer, challenges the award, primarily contesting liability due to the alleged status of the deceased as a gratuitous passenger. The claimants argue the Tribunal rightly assessed the situation and awarded just compensat

12. Oriental Insurance Co. Ltd. vs Gondela Annapoorna & Others on 06 January, 2023

    High Court of High Court for State of Telangana6 Jan 2023

    Case Name: Oriental Insurance Co. Ltd. vs Gondela Annapoorna & Others on 06 January, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 06 January, 2023 Bench: Justice M.G. Priyadarshini Subject: Motor Accident Claims Appeal Key Legal Propositions 1. In cases involving gratuitous passengers, the insurer is liable to pay the awarded sum to the claimants and then recover the same from the insured in the same proceedings. 2. The principle of "pay and recover" applies, particularly in situations where the insurance policy may not explicitly cover the risk, but the circumstances warrant compensation. 3. The Tribunal’s order directing the insurance company to pay compensation can be modified to reflect the "pay and recover" principle, allowing the insurer to recover the amount from the vehicle owner. Judgment Summary Background: This appeal arises from a Motor Accident Claim Petition (MACP) seeking compensation for the death of Gondela Bharya Srinivas in a road accident. The Motor Accidents Claims Tribunal (MACT) awarded compensation to the claimants, holding the vehicle owner and insurer jointly and severally liable. The insurance company appealed, arguing that the

13. National Insurance Company Limited vs. Dubbaka Nagesh on 27 January, 2023

    High Court of High Court for State of Telangana27 Jan 2023

    Case Name: National Insurance Company Limited vs. Dubbaka Nagesh on 27 January, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 27 January, 2023 Bench: Sri Justice Nagesh Bheemapaka Subject: Motor Vehicle Accident Claim – Appeal against award of compensation Key Legal Propositions 1. Interest on awarded compensation in Motor Vehicle Accident Claim cases is generally governed by principles established by the Apex Court, typically at 7.5% per annum. 2. Tribunals have the discretion to determine the quantum of compensation considering various factors like nature of injuries, treatment costs, and loss of earning potential. 3. A finding of negligence by the driver is crucial for establishing liability in Motor Vehicle Accident Claim cases. Judgment Summary Background: This appeal arises from a judgment dated 29.07.2005 passed by the Motor Accidents Claims Tribunal, Nizamabad, awarding compensation to the petitioner (Dubbaka Nagesh) for injuries sustained in a motor vehicle accident on 01.10.1998. The appellant (National Insurance Company Limited) challenges the awarded interest rate of 9% per annum. Held: A. On Quantum of Compensation & Neglige

14. R. R. N.,J vs The Oriental Insurance Company Limited on 01 March, 2023

    High Court of High Court for State of Telangana1 Mar 2023

    Case Name: R. R. N.,J vs The Oriental Insurance Company Limited on 01 March, 2023 Court: High Court Date of Judgment: 01 March, 2023 Bench: Sri Justice Namavarapu Rajeshwar Rao Subject: Motor Vehicle Accident Claim Key Legal Propositions 1. Compensation for injuries sustained in a motor vehicle accident is determinable under Section 166 of the Motor Vehicles Act, 1988. 2. The extent of compensation awarded by the Tribunal is subject to judicial review and enhancement if found inadequate considering the nature of injuries, medical expenses, and loss of earnings. 3. Attendant charges, extra nourishment, and future medical expenses are relevant factors to be considered while determining the quantum of compensation in motor accident claim cases. Judgment Summary Background: This appeal arises from a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained by the appellant in a motor vehicle accident involving an APSRTC bus. The Motor Accident Claims Tribunal (MACT) awarded Rs. 1,59,000/- as compensation, which the appellant sought to enhance. The respondents contested the claim, arguing the adequacy of the awarded comp

15. M.A.C.M.A. No. 3007 of 2019, Claimant vs Respondents on 08 February, 2023

    High Court of High Court for State of Telangana8 Feb 2023

    Case Name: M.A.C.M.A. No. 3007 of 2019, Claimant vs Respondents on 08 February, 2023 Court: High Court of Andhra Pradesh Date of Judgment: 08 February, 2023 Bench: Justice M.G. Priyadarsini Subject: Motor Vehicle Accident Claim – Enhancement of Compensation Key Legal Propositions 1. The extent of compensation awarded by the Motor Accidents Claims Tribunal (MACT) can be enhanced if found inadequate considering the nature of injuries, treatment undergone, and loss of income. 2. While determining loss of income, the Tribunal can consider the claimant’s asserted income, but may reasonably adjust it based on available evidence, such as age and lack of corroborating testimony. 3. Compensation for pain and suffering, loss of earnings during treatment, transportation, attendant charges, and injuries are distinct heads of damages and should be awarded appropriately based on the severity of the injuries and the duration of treatment. Judgment Summary Background: This appeal arises from a claim petition filed under Section 166 of the Motor Vehicles Act seeking compensation for injuries sustained in a motor vehicle accident on 20.11.2014. The claimant alleged that he was hit by a Lift

16. Sudati Surender Rao @ Sudhakar Rao vs Chinthala Narahari and The Oriental Insurance Company Limited on 21 July, 2023

    High Court of High Court for State of Telangana21 Jul 2023

    Case Name: Sudati Surender Rao @ Sudhakar Rao vs Chinthala Narahari and The Oriental Insurance Company Limited on 21 July, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 21 July, 2023 Bench: Justice Namavarapu Rajeshwar Rao Subject: Motor Vehicle Accident Claim Key Legal Propositions 1. Deduction of 1/3rd of income towards personal expenses is not sustainable in injury cases, unlike death cases, and the full income should be considered for calculating future loss of earnings. 2. The extent of notional income can be determined based on available evidence and judicial precedents, even if the claimant fails to provide conclusive proof of income. 3. Compensation awarded under various heads, such as pain and suffering and medical bills, can be enhanced by the court if deemed insufficient based on the severity of injuries and evidence presented. Judgment Summary Background: This appeal arises from a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident on 15.10.2007. The petitioner claimed Rs. 11,00,000/- as compensation. The Tribunal awarded Rs. 4,53,600/-. The appellant c

17. United India Insurance Co. vs S. Sridhar on 02 March, 2023

    High Court of High Court for State of Telangana2 Mar 2023

    Case Name: United India Insurance Co. vs S. Sridhar on 02 March, 2023 Court: High Court of Telangana at Hyderabad Date of Judgment: 02 March, 2023 Bench: Justice M.G. Priyadarsini Subject: Motor Vehicle Accident Claim – Quantum of Compensation – Liability of Insurer – Rash and Negligent Driving – Validity of Driving License Key Legal Propositions 1. In cases of third-party risk, the insurer is liable to indemnify the compensation amount even if the driver lacked a valid driving license, with a right to recover the amount from the insured. (National Insurance Company Ltd. v. Sutaran Singh) 2. The insurer’s liability extends even when the driver is unlicensed, allowing the insurer to recoup the awarded amount from the vehicle owner. (Shamanna v. The Divisional Manager, The Oriental Insurance Company Limited) 3. While assessing compensation, the Tribunal has discretion to determine income, and the Court may modify the assessed income if it appears unreasonable. Judgment Summary Background: This appeal arises from a Motor Accident Claims Petition (M.V.O.P.) seeking compensation for injuries sustained by the claimant in a road accident. The Tribunal awarded Rs. 3,74,500/-. The Ins

18. Suresh Goel @ Suresh Kumar Goel vs K.Nageswar Rao on 18 November, 2023

    High Court of High Court for State of Telangana18 Nov 2023

    Case Name: Court: Date of Judgment: Bench: Subject: Key Legal Propositions 1. The method of applying the multiplier for quantifying compensation is well settled by the Supreme Court’s decision in *Smt. Sarla Verma & Ors. vs. Delhi Transport Corporation & Anr.* 2. Compensation should include enhanced compensation accounting for future prospects of the deceased. 3. Compensation should include appropriate payment towards loss of consortium, loss of estate, and funeral expenses, as per the Supreme Court’s decision in *National Insurance Co. Ltd. vs. Pradeep Sethi & Others*. Judgment Summary Background: This appeal arises from a Motor Accident Claim Petition (MACP) where the Motor Accident Claims Tribunal (MACT) awarded compensation of Rs. 3,32,000/-. The appellants, the legal heirs of the deceased, challenged the inadequate compensation awarded by the Tribunal. They argued that the Tribunal erred in assessing the deceased’s income and in applying the appropriate multiplier and failing to account for future prospects. Held: A. On Assessment of Deceased’s Income: Majority View: The Court held that the Tribunal undervalued the deceased’s income. Considering the evidence of commission e

19. Smt.S.Laxmi Shoba vs Mohd. Ghouse on 21 April, 2023

    High Court of High Court for State of Telangana21 Apr 2023

    Case Name: Smt.S.Laxmi Shoba vs Mohd. Ghouse on 21 April, 2023 Court: High Court for the State of Telangana at Hyderabad Date of Judgment: 21 April, 2023 Bench: Justice M.G.Priyadarsini Subject: Motor Vehicle Accident Claim – Enhancement of Compensation Key Legal Propositions 1. Future prospects can be added to the established income of the deceased, particularly when the deceased was 43 years old, referencing *National Insurance Company Limited Vs. Pranay Sethi*. 2. The appropriate multiplier for calculating loss of dependency should be determined based on the age of the deceased, in this case, '14' as per the precedent in *Sarla Varma v. Delhi Transport Corporation*. 3. Minor children of the deceased are entitled to a specific amount towards loss of parental consortium, as established in *Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram*. Judgment Summary Background: This appeal arises from a Motor Vehicle Accident claim petition where the claimants sought enhancement of compensation awarded by the Motor Accidents Claims Tribunal for the death of S.Mahender in a road accident. The Tribunal had awarded Rs. 15,85,725/-. The appeal focuses on the quantum of

20. The New India Assurance Company Ltd. vs. B. Gangamani & Anr. on 26 September, 2023

    High Court of High Court for State of Telangana26 Sept 2023

    Case Name: The New India Assurance Company Ltd. vs. B. Gangamani & Anr. on 26 September, 2023 Court: The High Court for the State of Telangana at Hyderabad Date of Judgment: 26 September, 2023 Bench: Sri Justice Namavarapu Rajeshwar Rao Subject: Motor Vehicle Accident Claim – Appeal against award of compensation. Key Legal Propositions 1. In cases of motor vehicle accidents, the Tribunal can treat a claim petition filed under Section 163-A of the Motor Vehicles Act as one under Section 166, depending on the facts and circumstances. 2. While determining compensation, courts should prioritize relieving the distress of accident victims and their dependents, even if it means adjusting technicalities or potentially impacting the insurer's profitability. 3. Courts have the discretion to enhance compensation beyond the claimed amount, guided by principles of just compensation and relevant precedents. Judgment Summary Background: This appeal arises from a Motor Accident Claims Tribunal (MACT) award granting compensation to the daughter of a deceased pedestrian who was killed when a van struck her. The Insurance Company (Appellant) challenges the award, arguing the deceased was an