Gabbar & Anr. v. Mohd Razabul And 3 Others
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 156
Key paragraphs
- Para 44. Learned counsel for the appellants prays for, and is granted, two weeks' time to file a supplementary affidavit annexing the certified copies of the statements of the witnesses.
Judgment
Heard learned counsel for the appellants.
The deceased, Gulafsa, died in the alleged incident on 14.05.2021. Two claim petitions have been filed. Claim Petition No. 188 of 2021 has been filed by Nazrul, the husband of the deceased, whereas another Claim Petition No. 327 of 2021 has been filed by Gabbar and Smt. Mesar, the parents of the deceased. Both petitions have been consolidated and decided by a common award dated 23.02.2026.
Learned counsel for the appellants has submitted that Nazrul, who is the ex-husband of the deceased, does not fall within the definition under Section 156 of the Motor Vehicles Act, 1988, as he had divorced the deceased, Gulafsa, prior to the date of the accident and has also remarried. However, the relevant dates of the divorce and remarriage of Nazrul, who claims to be the ex-husband, are material to determine whether he falls within the definition of a legal representative of the deceased or not.
Learned counsel for the appellants prays for, and is granted, two weeks' time to file a supplementary affidavit annexing the certified copies of the statements of the witnesses.
List this case as fresh on 05.05.2026. April 17, 2026 M. Tarik (Abdul Shahid,J.)