CHARANJIT KAUR Vs. SURESH KUMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant-claimant for enhancement of compensation in respect of the death of her brother Lakhwinder Singh and for the injuries sustained by the appellant-claimant in a motor vehicle accident which took place on 28.2.2005 in the area of Shahabad when the car in which she was travelling along with some other persons, met with an accident with the offending bus coming from Ambala side being driven in a rash and negligent manner by respondent No. 1 who, in the process of overtaking a tractor-trolley in a reckless manner, caused the accident. The occupants of the car sustained injuries and one of them also died. The claimant-appellant also sustained multiple grievous injuries. The claim petition filed by Charanjit Kaur has been contested by Jaswant Kaur who states herself to be the legally wedded wife of the deceased. She states that for this reason she is entitled to compensation with regard to death of deceased Lakhwinder Singh.

(2.) The Tribunal rejected the claim of both i.e. Charanjit Kaur and Jaswant Kaur for compensation for the death of Lakhwinder Singh. With regard to Charanjit Kaur the Tribunal held that she being the married sister cannot be said to be dependent on her brother and in respect of Jaswant Kaur she was not proved to be his legally wedded wife.

(3.) Counsel for the Insurance Company has argued that the whole system of compensation for motor vehicle accidents in India is based upon the question of dependency and since the sister was not dependent on the brother, she could not have been granted any compensation. He has relied upon Manjuri Bera v. Oriental Insurance Company and another, 2007 2 RCR(Civ) 675 to contend that even if the claimants are held entitled to compensation even though they are not dependents the maximum limit can be only Rs. 50,000/-. Paras. 10 and 11 of the aforesaid judgment are reproduced as under:-