NATIONAL INSURANCE COMPANY Vs. BHRAMAR ROUT

JUDGEMENT

(1.) IN this miscellaneous appeal arising under the provisions of the Motor Vehicles Act, the question is what should be the proper criterion for determining the compensation for the parents of a victim in a motor accident.

(2.) ON September 19, 1979, the earning son of respondents Nos. 1 and 2 met with an accident caused by a jeep bearing registration No. OSC 5718, resulting in his death. The application for claim was filed by the father, mother and two major brothers of the deceased. At the time of the claim application, the father declared his age as fifty -three years and the mother as forty -seven. Since the scope of appeal at the instance of the insurance company is limited, I need not enter into all the facts.

(3.) MR . P. Roy, learned advocate for the insurance company, has raised a legal question that the major brothers being not dependants of the deceased, the Tribunal committed an error of law in taking them as dependants on him. It would be useful to refer to Section 110A(1)(b) of Motor Vehicles Act which reads as follows :