A mother-in-law can claim compensation as a legal representative under the Motor Vehicles Act if she demonstrates dependency on the deceased, regardless of classification as a legal heir.

ORDER :

Parth Prateem Sahu, J.

1. The appellant/claimant has filed this appeal challenging the impugned award dated 15.11.2019 passed by the learned Motor Accident Claims Tribunal Balodabazar, District Balodabazar-Bhatapara (C.G.) in Claim Case No.43/2019, whereby the learned Claims Tribunal allowed the application seeking compensation filed under Section 166 of the Motor Vehicles Act, 1988 (for short “the Act of 1988”), in part, awarded Rs.50,000/- as compensation.

2. Facts of the case are that on 05.12.2018 at about 12:00 pm, deceased Laxmi Sahu was travelling on motorcycle bearing Registration No.CG- 04-KY-3423 along with her husband Pramod Kumar Sahu (son of the appellant/claimant). On the way one truck bearing Registration No.GJ-19-T-3662 driven rashly and negligently by non-applicant No.1, dashed the motorcycle driven by Pramod Kumar Sahu and caused accident. In the said accident Pramod Kumar Sahu and his wife Laxmi Sahu suffered serious injuries and during the course of treatment they succumbed to the injuries. The application seeking compensation is filed against the death of Laxmi Sahu by appellant/claimant, who is mother-in-law of the deceased on the ground that she was dependent upon the income of the deceased. She also filed an application under Section 166 of the Motor Vehicle Act, 1988 (for short ‘the Act of 1988’) seeking compensation against the death of her son Pramod Kumar Sahu, was allowed by learned Claims Tribunal, awarded Rs.8,36,400/-, however, the claim of compensation against the death of Laxmi Sahu was dismissed on the ground that monther-in-law is not shown to be the legal representatives/successor under the Hindu Succession Act, 1956.

3. Counsel for the appellant/claimant would submit that the learned Claims Tribunal has not considered the fact the deceased was daughter-in-law of the appellant/claimant, she was residing along with the deceased and her husband (son of the claimant) as she was an old aged lady, dependent upon the income of both the deceased for all purpose, and therefore, for awarding compensation under the Act of 1988, it is to be seen whether the claimants were dependent upon the income of the deceased or not and not whether the claimant is successor. In support of his submission, he placed his reliance upon the decision of Hon’ble Supreme Court in the matter of N. Jayasree & Others Versus Cholamandalam MS General Insurance Company Limited, reported in (2022) 14 SCC 712 .

4. Counsel for the respondent No.3 supports the impugned award and would submit that finding recorded by the Claims Tribunal does not call for any interference.

5. I have heard learned counsel for the respective parties and perused the record of claim case.

6. Undisputedly, the claimant has lost her son and daughter-in-law in the same accident. In the claim application, she claimed compensation against the death of two persons, i.e., one is her son and another is her daughter-in-law, it is also the evidence that she is old lady aged about 60 years and her husband is not residing with her since long time. From the said fact pleaded and stated by the claimant, it is apparent that she in her old age was dependent upon the income of her son and daughter-in-law for all purposes.

7. Provision of Section 166 of the Act of 1988 provides that the application for compensation arising out of an accident may be made by the legal representatives of the deceased, where the death has result