1992 Supreme(AP) 289

Andhra Pradesh High Court
Judges : V.NEELADRI RAO
V.Subbarayudu - Appellant
Versus
G.M.APSRTC Musheerabad, Hyd. - Respondent
A.A.O.No.1034/91 etc.
Decided On : 04-30-92
Advocates Appeared :
Noushad Ali, S.A. Razack,Sri A.T.M. Rangaramanujam,Sri C.V. Ramulu

Headnote:MOTOR VEHICLES ACT, 1989, Section 110-A - Death of unmarried son in a motor accident – Father alongwith Mother is entitled to claim compensation – Expression ‘Legal Representative’ includes father also in the absence of Class-1 heirs other than the mother.

       HELD: The father is entitled to claim compensation under Sec. 110-A of the Motor Vehicles Act, 1939 alongwith his wife when their unmarried son died in a motor accident. As both the father and the mother are the heirs of the deceased minor daughter, they are entitled to claim compensation amounts awarded equally.

       The expression legal representative was not defined in Molar Vehicles Act. The Court can take cognizance of the fact that the person is bound to maintain his parents, spouse and children not only as a moral duty but also as statutory responsibility. When a person is living with the parents or even away from the parents, it is his duty to maintain his parents. There would be loss of dependency for the parents if their son unfortunately dies. When compensation is payable in case of death is a motor accident, the loss of dependency is a relevant factor in computing the just compensation. So it is not proper to hold thi1t the Legislature intended to exclude the father from amongst the members for whose benefit the compensation can be claimed if as per, personal law he cannot be claim as a heir.