Father Need Not Prove Financial Dependency To Claim Compensation As Legal Representative Under MV Act: Himachal Pradesh High Court

The Court further clarified that a father, being a legal representative, is entitled to compensation and estate of the decased, irrespective of dependency.

Even when dependency is not proved the compensation must be assessed based on the income of the deceased, future prospects and not confined to a nominal amount, as per the objective of the Motor Vehicles Act.

The Court further stated that “Under the Motor Vehicles Act, 1988, the legal representatives are entitled to compensation being entitled to inherit the estate of the deceased and not on account of the dependency.” 

Justice Jiya Lal Bhardwaj Remarked that: “The findings recorded by the Tribunal below to the effect that the appellant being father of the deceased is not entitled for compensation as legal representative under the head of loss of dependency are wrong and illegal. Even if the father was not dependent upon the deceased… he is entitled to inherit the estate of the deceased and thus, the compensation has to be assessed on the basis of the income of the deceased.”

The appellant, Ratnoo Ram, the father of the deceased, who died in a motor accident in september 1992, at the age of 18.

Thereafter, the deceased father filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, seeking compensation. However his claim was rejected on the ground that he was not dependent on the deceased and was awarded very less amount.

Case Name: Ratnoo Ram v/s Himachal Road Transport Corporation and another

Case No.: FAO No.54 of 2016

Date of Decision: 28.11.2025

For the appellant: Mr.Raman Sethi, Advocate.

For the Respondent: Mr. Raman Jamalta, Advocate, for respondent No.1

Mr.Umesh Kanwar, Advocate for respondent No.2.

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