DEVI DUTT Vs. MANISH SHARMA

JUDGEMENT

(1.) THE appellants who are the legal representatives of deceased Krishna Nand seek enhancement of compensation of Rs. 60,000 awarded for his death which occurred in a motor accident on 26.2.2008.

(2.) BY the impugned judgment dated 27.10.2009, the Motor Accident Claims Tribunal (the Claims Tribunal) held that the appellants who were the four sons and one married daughter of the deceased, aged between 26 years to 34 years were not financially dependent on him. The Claims Tribunal, therefore, awarded a sum of Rs. 10,000 towards last rites and a sum of Rs. 50,000 towards loss of love and affection.

(3.) IT is urged by the learned Counsel for the appellants that Section 166 of the Motor Vehicles Act nowhere provides that the legal representatives should be financially dependent. The legal representatives irrespective of their being financially dependent wouldbe entitled to the amount of compensation for loss of dependency.