SISTER MARY JACINTA KUJUR Vs. SISTER RUFINA

JUDGEMENT

(1.) Both these appeals arise out of the order passed under Sec. 140 of the M.V. Act in M.A.C. Case No. 16 of 2014, whereby and whereunder, the claim for compensation under Sec. 140 of the Motor Vehicle Act, 1988 has been dismissed by the learned Tribunal.

(2.) The facts are not in dispute that sister Geraldin and sister Serophina Ekka died in a motor vehicle accident when they were travelling by Ambulance No. JH 07 C-3593 which met with an accident. The sole ground on which the claim application has been rejected is that deceased being the nuns and they were serving in St. Anne Health Centre, Katkahi, Chainpur, Gumla and the claimants being the President of St. Annes Society, Sisai Road, Gumla cannot be said to be the legal representatives/dependents of the deceased.

(3.) It is argued by the learned counsel on behalf of the appellant in both cases that the question is no longer res integra and has been answered in Montford Brothers of St. Gabriel and Anr. Vs. United India Insurance and Anr. Etc. (2014 (3) SCC 394) wherein it has been held that the claimant in such cases shall be deemed to be legal representative of the deceased and shall be entitled to claim compensation.