(1.) Appellant-claimant, seeks enhancement of the compensation awarded by the learned Motor Accident Claims Tribunal, Rohtak (for short 'MACT'), vide impugned award dated 26.02.2013, on account of death of his father-Maha Singh in a motor vehicle accident.
(2.) Undisputed facts are that Maha Singh died due to injuries caused in the motor vehicle accident which took place on 07.12011 due to the rash and negligent driving of the offending vehicle by respondent no.1- Ashok. Appellant is the adopted son of the deceased-Maha Singh. Deceased was 83 old at the time of his death and an exservicemen receiving a sum of Rs. 22,996/- per month as pension. It is further not in dispute that the appellant, who is the adopted son of the deceased, is himself serving the Indian Army. He is not dependent upon the deceased. The learned tribunal in this situation awarded a sum of Rs. 50,000.00 under Sec. 140 of the Motor Vehicles Act.
(3.) Learned counsel for the appellant is unable to deny that the present appellant is serving the Indian Army and was not dependent upon the deceased at the time of the accident. However, being a legal representative, the appellant is indeed entitled to compensation on account of funeral expenses, loss of estate and loss of parental consortium in terms of the judgments of the Honourable Supreme Court in National Insurance Company Limited Vs. Pranay Sethi and Ors. 2017 (4) R.C.R.(Civil) 1009, Magma General Insurance Company Limited Vs. Nanu Ram @ Chuhuru Ram and others, Civil Appeal no. 9581 of 2018, arising out of SLP (Civil) No. 3192 of 2018, decided on 18.09.2018. In view of the judgment of the Honourable Supreme Court in Mrs. Hafizan Begum Vs. Md. Ikram Heque and others, 2007 (3) R.C.R (Civil) 691, legal representatives are entitled to file a claim petition under Sec. 166 of the Motor Vehicles Act.