The High Court of Andhra Pradesh in an appeal filed for enhancing compensation of major children of the deceased who died in a road accident held that they were legal representatives of the deceased and whether or not the concerned legal representatives were completely dependent on the deceased was irrelevant.
Brief Facts:
The mother of the petitioners on whom they claimed to be depended died in a road accident after which the Motor Accident Claims Tribunal granted them a compensation of Rs 50,000. The current appeal is preferred by the petitioners for enhancement of the claim amount granted by the Tribunal from Rs. 50,000 to Rs. 4,00,000.
Contentions of the Petitioner:
The petitioners through their counsel filed a claim petition against the respondents praying the tribunal to award an amount of Rs. 4,00,000/- towards compensation on account of the death of their mother as they used to depend on the earnings of the deceased from coolie work.
Contentions of the Respondent:
It was contended on behalf of the respondent that the they are not liable to pay any compensation to the claimants as the petitioners are not the dependants of the deceased. Petitioner 1 and 2 are married sons whereas petitioner no. 3 is the married daughter of the deceased.
Observations of the Court:
The court observed that there was no legal flaw or infirmity by the Tribunal in holding the respondents liable to pay compensation. The court stated that it was undeniable that a person claiming to be a legal representative was the locus to maintain an application for compensation under Section 166 of the Motor Vehicle Act. As per Section 166 (5) (3) of the Motor Vehicles Act, where death has resulted from an accident, by all are any of the legal representatives of the deceased can file a claim application for claiming compensation for the death of the deceased. The court further referred to the judgment in National Insurance Company Limited v. Birender & Ors. (2020), where it was held that the legal representatives of the deceased, including the deceased's major married earning sons, had a right to claim for compensation.
The court further observed that whether or not the concerned legal representatives were completely dependent on the deceased was irrelevant and the Insurance Company's argument that the married sons or daughters of the deceased are not entitled to compensation cannot be accepted since this Court also cannot make any distinctions based on whether they are married sons or married daughters.
The decision of the Court:
The court partly allowed the appeal and enhanced the claim amount from Rs.50,000/- to Rs.2,06,000/-.
Case Title: Shaik Kalesha v. Sreenivasa Rao & Ors.
Coram: Hon’ble Sri Justice V. Gopala Krishna Rao
Case No.: M.A.C.M.A No. 2403 of 2012
Advocate for the Applicant: Sri Mekala Rama Murthy
Advocate for the Respondent: Sri Maheswara Rao Kunchem
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