NATIONAL INSURANCE CO LTD Vs. TARA SUNDARI DEVI

JUDGEMENT

(1.) Leave is granted to the appellant to take the point that the brother and sister of the victim since are not the legal heir due to existence of mother of victim as sole legal heir, accordingly, insurance company had no liability to pay the compensation to them.

(2.) Heard the learned advocates appearing for the parties.

(3.) A short question involved in this appeal as to whether in the application under section 163-A of the Motor Vehicles Act, the brother and sister of the victim guided as per Hindu Succession Act, 1956, could be entitled to be the claimants due to existence of sole legal heir mother of victim, in view of the statutory provision as stipulated under section 163-A of the said Act that the claim application should be filed by the 'legal heirs' of the victim and further on the point as to whether the learned Tribunal below was wrong to identify the multiplier to quantify compensation amount on the basis of the age of the victim. The answer of the aforesaid two questions as raised by the learned advocate for the appellant could be given on mere interpretation of the statute namely, section 163-A which reads to this effect: