DHARMENDER AND ANOTHER Vs. MUSTAK AHMED

JUDGEMENT

(1.) The appellants being the brother and sister of deceased Anil Kumar filed a petition under Section 163-A of the Motor Vehicles Act (Act for short) to claim compensation for the death of their brother in a motor vehicle accident which took place on 22.8.2010. The Motor Accident Claims Tribunal, Rohtak (Tribunal for short), awarded an amount of Rs.50,000/- with interest holding the owner and driver liable to indemnify the appellants. The Insurance Company was exonerated.

(2.) The appellants prayed for enhancement of the compensation in view of the second schedule relating to Section 163-A of the Act and also for the Insurance Company to be held liable to pay the appellants though the Company may get a right to make recovery from the insured.

(3.) Counsel for the appellants argued that the Tribunal wrongly held that the appellants were not dependent on the earnings of the deceased. He relied on the judgment of the Supreme Court reported as Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai and another, 1987 AIR(SC) 1690It was held in the said reported case that all persons, who may be said to be legal representatives of the deceased and on whom the estate would devolve, could maintain a petition for compensation.