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SANJAY KAROL, PRASHANT KUMAR MISHRA
Seema Rani – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. accident details and claim (Para 2 , 3) |
| 2. claim petition filed (Para 4 , 5 , 6) |
| 3. high court's decision (Para 7 , 8 , 9 , 10) |
| 4. legal right of dependents (Para 11 , 12) |
ORDER :
| Time taken for disposal of the claim petition by MACT | Time taken for disposal of the appeal by the High Court | Time taken for disposal of the appeal in this Court |
| 1 year | 6 years 9 months | 4 months |
Leave granted.
2. This appeal is directed against the judgment and order dated 27th April, 2023 in FAO No.995/2017 passed by the High Court of Punjab & Haryana at Chandigarh, which in turn was preferred against the judgment and order dated 9th November, 2016 passed in MACT Case No.44 of 28.10.2015 by the Motor Accident Claims Tribunal, Bathinda.
3. The brief facts giving rise to this appeal are that on 13th May, 2015, the deceased, namely, Dev Raj, aged 50 years, was travelling on his scooter bearing registration No.PB 44A-0962, from his house to village Bhodipura. Near the house of one Mohinder Singh Nambardar, the offending bus bearing registration No.PB 04M-9953 collided with the deceased in a rash and negligent manner. Dev Raj died on the spot. The vehicle was be
Major married and earning sons of a deceased can claim compensation irrespective of dependency status, affirming their legal right as representatives.
The court established that compensation for loss of dependency must consider the deceased's potential income and appropriate deductions based on the number of dependents, affirming a broader interpre....
Death in motor accident – While awarding loss of dependency, future prospects and rise in income ought to have been considered.
Legal representatives, including major children, are entitled to claim compensation regardless of dependency; the Tribunal erred in limiting the compensation amount based on dependency status.
It is settled that legal representatives of deceased have a right to apply for compensation.
Future prospects of the deceased should be considered for determining loss of dependency in motor accident compensation cases.
The Motor Vehicles Act requires consideration of all dependents in compensation claims following a vehicular death, affirming broader interpretative criteria for determining legal representatives.
Major children can claim compensation as dependents of a deceased parent, regardless of their financial independence.
Legal heirs are entitled to compensation under the Motor Vehicles Act regardless of their dependency status at the time of the accident.
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