BHANWARDAN Vs. CHOTU RAM

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and award dtd. 23/8/2023 passed by the Motor Accident Claims Tribunal No.1, Jodhpur in Claim Case No.573/2017 (N.C.V. No.573/2017) whereby the claim petition as preferred by the claimants has been rejected. While deciding Issue No.2, learned Tribunal observed that the claimants failed to prove that they were the legal heirs of deceased Karni Dan and hence, they were not entitled to any compensation.

(2.) Learned counsel for the appellants submitted that as per Sec. 166 of the Motor Vehicles Act, 1988, an application for compensation can be filed by any of the legal representatives of the deceased. The said provision does not prescribe for "legal heirs" but talks of "legal representatives". Further, the proviso to the said Sec. provides that the application for compensation can be made by any of the legal representatives for and on behalf of other legal representatives too. Therefore, rejection of the claim petition by the learned Tribunal on count of the claimants being not the legal heirs of the deceased is totally erroneous.

(3.) Learned counsel further submitted that it was proved on record that the deceased was an unmarried person and the claimants were related to him being his grandsons. The deceased was residing with the claimants only and even if the claimants are not proved to be dependants of the deceased, they would be entitled to compensation as law governing the motor accident cases nowhere prescribe that only the dependants of the deceased would be entitled to compensation.