Major, Married & Earning Son Of Deceased Can Claim Motor Accident Compensation: SC [Read Judgment]

The Supreme Court has observed that major sons of the deceased who are married and earning can claim compensation under the Motor Vehicles Act, 1988. The bench comprising Justices AM Khanwilkar and Dinesh Maheshwari observed that the Tribunal has to consider the application filed by such legal representatives irrespective of the fact whether the concerned legal representative was fully dependant on the deceased. The Tribunal cannot limit the claim towards conventional heads only, it held. In this case, the Insurance Company had challenged a decision of the Tribunal (affirmed by the High Court) which held that though sons of the deceased were major and earning hands, the fact that they were legal heirs of the deceased and have been deprived of the pecuniary benefits through the deceased cannot be denied. The bench observed that the major married son who is also earning and not fully dependant on the deceased, would be still covered by the expression "legal representative" of the deceased. Referring to the judgment in Manjuri Bera (Smt) v. Oriental Insurance Co. Ltd. , the Court further observed. In paragraph 15 of the said decision, while adverting to the provisions of Section 140 of the Act, the Court observed that even if there is no loss of dependency, the claimant, if he was a legal representative, will be entitled to compensation. In the concurring judgment of Justice S.H. Kapadia, as His Lordship then was, it is observed that there is distinction between "right to apply for compensation" and "entitlement to compensation". The compensation constitutes part of the estate of the deceased. As a result, the legal representative of the deceased would inherit the estate. Indeed, in that case, the Court was dealing with the case of a married daughter of the deceased and the efficacy of Section 140 of the Act. Nevertheless, the principle underlying the exposition in this decision would clearly come to the aid of the respondent Nos. 1 and 2 (claimants) even though they are major sons of the deceased and also earning. The bench further observed: ". It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal representatives have a right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased and not to limit the claim towards conventional heads only." Case name: National Insurance Company Limited vs Birender and Ors.Case no: C.A Nos. 242-243 of 2020Coram: Justices AM Khanwilkar and Dinesh MaheshwariCounsel for Appellant: Adv Amit Kumar SinghCounsel for Respondent: Adv Abha R. SharmaClick here to Read/Download Judgment[Read Judgment]

Major, Married & Earning Son Of Deceased Can Claim Motor Accident Compensation: SC [Read Judgment]

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