Anand Byrareddy, J.

Heard the Counsel for the parties.

2. The facts of the case are as follows.

The appellant is the brother of one Mardanbi. On 28-10-1995, Mardanbi after drawing water from a public hand pump, was on her way home when she was hit by a tractor-trailer. She died as a result of the injuries suffered. Mardanbi was aged about 45 years at the time of her death, she was a widow without any children. She was living in the home of the appellant.

The appellant claimed that on account of the death of his sister he suffered loss and hardship and claimed compensation under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’ for brevity), against the driver and the owner of the vehicle involved in the accident. The Motor Accidents Claims Tribunal rejected the claim of the appellant, though it was found that Mardanbi had died on account of the injuries suffered in the accident and which was attributable to negligence of the driver of the offending vehicle.

The Tribunal has held that the appellant was not entitled to claim any compensation as he was not a legal heir of the deceased. The Tribunal reasoned that the deceased was a married woma