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HIGH COURT OF CHHATTISGARH
Arvind Kumar Verma
Nanda Aaswani S/o Shri Heeranand Aaswani – Appellant
Versus
Banshi Lal Patel S/o Shri Ramaiyya Patel – Respondent
Judgment :
(Arvind Kumar Verma, J.)
1. This is claimants’ appeal seeking enhancement of compensation passed by Additional Motor Accident Claims Tribunal, (FTC), Dhamtari, (CG), (for short, the Claims Tribunal) in Claim Case No.106/2018 vide impugned award dated 22.02.2019 (Annexure P-1).
2. As per the pleadings of the claim application, the accident occurred on 01.12.2011. The deceased by name Vinod Jaswani, while proceeding on his motorcycle, was knocked down to death by the vehicle Metador bearing registration No.CG-05/D-0124 (in short, offending vehicle), owned by Non-applicant No.2, driven by non-applicant No.1 and insured by Non-applicant No.3/insurer, which led to the Claim Petition preferred by the appellants / claimants seeking total compensation of Rs.22,50,000/- stating, inter alia, that the deceased was a agriculturist and also working as a contractor and thereby earning Rs.300/- per day.
3. The claim application was resisted by the non-applicants on various grounds.
4. Learned Claims Tribunal framed issues on the basis of pleadings and decided the same in favour of the appellants/claimants in Clam Case and awarded the compensation of Rs.1,05,000/- along with interest @ 6% pe
Married siblings residing independently are generally not considered dependents for compensation claims unless evidence indicates otherwise.
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.
Major children can claim compensation as dependents of a deceased parent, regardless of their financial independence.
Where claimants are non-dependent brothers/sisters claiming loss of estate, savings can be taken as 15% of the income and such savings then multiplied to compute the total loss of estate of the claim....
Legal representatives of a deceased have a right to claim compensation under the Motor Vehicles Act, regardless of financial dependency, as established by precedents.
The Motor Vehicles Act requires consideration of all dependents in compensation claims following a vehicular death, affirming broader interpretative criteria for determining legal representatives.
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