SUKHPAL KAUR Vs. NIRMAL GOUR

JUDGEMENT

(1.) The present appeal has been preferred by the claimant-appellant against the award dtd. 9/10/2015 passed by the Motor Accident Claims Tribunal, Sirsa (hereinafter referred to as 'Tribunal'). The factum of the accident, in the present case, is not in dispute and hence the facts are not being adverted to.

(2.) The only issue in the present case is whether the claimantappellant would be considered as a legal representative and dependent of the deceased.

(3.) Learned counsel for the claimant-appellant would contend that the Tribunal has only awarded an amount of Rs.82,000.00 (Rs.50,000.00 on account of 'no fault liability', Rs.12,000.00 towards medical expenses and Rs.20,000.00 towards funeral expenses) on the ground that the daughter could not be considered as a dependent. Learned counsel for the claimant-appellant has relied upon the judgments of the Hon'ble Supreme Court in the cases of Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai and Anr. [1987 (3) SCC 234] and N. Jayasree and Ors. vs. Cholamandalam M.S General Insurance Company Ltd. [2021 (4) RCR (Civil) 642] to contend that the issue is no longer res intra and even a mother-in-law of the deceased has been held to be a legal representative and entitled for compensation. Learned counsel for the claimant-appellant has further relied upon the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Birender and Ors. [2020 (11) SCC 356] to contend that even major married and earning sons of the deceased, being legal representatives, have a right to apply for compensation in case of accidental death. Learned counsel for the claimant-appellant has further contended that in view of the fact that no future prospects are to be given keeping in view the age of the deceased as 62 years, this Court instead of remanding the matter may determine the compensation to be paid as per the law laid down by the Hon'ble Supreme Court in the cases of Sarla Verma and Ors. vs. Delhi Transport Corporation and Anr. [(2009) 6 SCC 121]; National Insurance Company Ltd. vs. Pranay Sethi and Ors. [(2017) 16 SCC 680]; Magma General Insurance Company Limited vs. Nanu Ram alias Chuhru Ram and Ors. [(2018) 18 SCC 130]; and N. Jayasree (supra).