[Motor Accident] Dependency Of Major Children Immaterial, Can Claim Compensation As 'Legal Representatives' On Parent's Death: Andhra Pradesh HC

The Andhra Pradesh High Court in a Motor Accident appeal case enhanced the compensation of the major and married children of the deceased stating they were the legal representatives of the deceased and it was immaterial whether they were fully dependent on the deceased or not.

The Claimants who are major and married sons and daughter of deceased filed a Claim Petition under Section 166 of Motor Vehicle Act, 1988 against the insurance company among other respondents towards compensation on account of death of their mother in a motor vehicle accident. The Tribunal granted compensation but held they were not considered to be dependents on the deceased. The appeal was preferred by the appellants/claimants for enhancement of claim amount.

The major contention of Claimants was that being the sons aged 29 and 28 years respectively and daughter of age 27 years used to depend on the earnings of deceased from coolie work. Because of the death of the deceased, they were deprived of the income. But the insurance company argued that the children of deceased were major, married and hence were not dependent on deceased.

Justice V Gopala Krishna Rao said the law is well settled that a person claiming to be a legal representative has the locus to maintain an application for compensation under Section 166 of the Act. According to Section 166 (5) (3) of the Motor Vehicles Act, where death has resulted from the accident, all or any of the L.Rs of the deceased can file a claim application for claiming compensation for the death of the deceased.

The Single Judge Bench placed reliance on the Apex Court decision in National Insurance Company Limited v. Birender & Ors. (2020), in which it was held that the legal representatives of the deceased had a right to apply for compensation including the major married earning sons of the deceased. It was immaterial whether the concerned legal representatives were fully dependent on the deceased or not. “This Court also cannot make any discrimination whether they are the married sons or married daughters and hence very contention of the Insurance Company that the married daughters of the deceased are not entitled for compensation cannot be accepted.”

In light of the above ruling, the Appellate Tribunal enhanced the compensation and partly allowed the appeal.

Cause Title: Shaik Kalesha v. Sreenivasa Rao & Ors.

Counsel for Appellant: Mekala Rama Murthy

Counsel for Insurance Company: Maheswara Rao Kunchem

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