M. KAVITHA Vs. G. MURUGAN

JUDGEMENT

(1.) When the right to claim compensation depends upon the right to entitlement and when a claim is made by the married daughters and when they are not considered as dependents upon the deceased (financially):

(2.) Claim Petition in M.C.O.P. No. 134 of 2009 has been filed by M. Kavitha, S. Sathiya and M. Menaka (aged 28, 27 and 24 years respectively), claiming compensation of Rs. 20,00,000/- caused on account of death of their father, Murugesan, aged 50 years, who was a Power Loom owner, earning a sum of Rs. 13,000/- p.m. 2. 1. The Subordinate Judge, Bhavani, who inquired the claim, awarded a sum of Rs. 55,000/- along with interest at 7.5% p.a. from the date of petition till the date of deposit. 2. 2. The claim has been awarded on the ground that the claimants are entitled to a sum of Rs. 50,000/- under Section 140 of the Motor Vehicles Act, on the basis of "No fault liability" and they are entitled to a sum of Rs. 5,000/- towards cremation expenses and the total being Rs. 55,000/-. 2. 3. There was a finding that the accident took place only on account of rash and negligent driving on the part of the driver of S.P.M. Bus, bearing Reg. No.TN34D 5699; the deceased Murugesan, at the time of accident, was driving the Motor Cycle bearing Reg. No.TN36K 6698.

(3.) Contention was taken by the tort-feasor that the claimants are not the dependents upon the deceased, therefore, they are entitled to maintain the application only under Section 140 of the Motor Vehicles Act and not under Section 166 of the Motor Vehicles Act and in support of the contention, the decision reported in 2007 AIR 1474 : 2007 (4) SCR 590 : 2007(10) SCC 643 : 2007 (5) JT 78 : 2007 (5)SCALE 193 : 2007 SAR (Civil) 419 (SC) (Manjuri Bera v. Oriental Insurance Co. Ltd.) was relied upon.