SANDEEP TOMAR Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE Appeal is for enhancement of compensation of Rs.67,000/ - 1. awarded for the death of Shivani Tomar, the Appellant's sister who died in a motor accident which occurred on 30.12.2003.

(2.) IT was established on record that the deceased was an MBA from Kurukshetra University and was working as an Apprentice in R.K. Constructions Company and getting a stipend of Rs.7000/ - per month. The Trial Court held that the Appellants were highly placed persons and were not financially dependent on their deceased's sister Shivani Tomar. The Claims Tribunal declined to grant any compensation on account of loss of dependency and awarded a sum of Rs.50,000/ - only towards loss of love and affection. A notional sum of Rs.10,000/ - was awarded towards loss to estate and Rs.7,000/ - towards funeral expenses.

(3.) THE case is squarely covered by the judgment of the Supreme Court in Manjuri Bera(Smt.) v. Oriental Insurance Company Ltd., (2007) 10 SCC 643, wherein it was held that although even when there is no loss of dependency, a legal representative would be eligible to maintain a Petition under Sections 166, 140 or 163 -A of the Motor Vehicles Act but would not be entitled to any compensation towards loss of dependency. Para 15 of the report is extracted hereunder: