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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
PARTH PRATEEM SAHU
Dharmendra Sahu, S/o. Late Kejuram Sahu – Appellant
Versus
Budharuram Nishad, S/o. Shri Ram Lal Nishad – Respondent
Judgment :
Parth Prateem Sahu, J.
1. This appeal is filed by the appellants seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 16.01.2019 passed by the Second Additional Motor Accident Claims Tribunal, Raipur, District – Raipur (C.G.) in M.A.C.C. No. 476/2015.
2. Facts of the case in brief are that, on 09.09.2014 at about 06:15 P.M., the Respondent No. 1 was driving his motorcycle bearing registration no. CG 04 KA 6026 in a rash and negligent manner and the said offending vehicle dashed Smt. Geeta Bai Sahu near Baruwadih and caused accident. Due to the said accident, Smt. Geeta Bai Sahu suffered severe injuries and she was taken to hospital at Pallari for treatment, where she succumbed to her injuries. Subsequent to the said accident, an FIR was registered against the Respondent No. 1 bearing Crime No. 322/2014, P.S. Palari, District - Raipur for the offence punishable under Sections 304A of the Indian Penal Code, 1860.
3. The claimants/appellants in the claim application filed before the learned Claims Tribunal have pleaded that the deceased Smt. Geeta Bai Sahu was aged about 58 years on the date of accident. She was receiving
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.
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.
It is settled that legal representatives of deceased have a right to apply for compensation.
Legal representatives can claim compensation for loss to estate under Section 166 of the Motor Vehicles Act, even if not dependents.
Legal representatives of a deceased have a right to claim compensation under the Motor Vehicles Act, regardless of financial dependency, as established by precedents.
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