Legal representatives, even if not dependents, are entitled to claim compensation under the Motor Vehicles Act.

Hrishikesh Roy, J.

1. Mr. A.M. Mazumdar, learned senior counsel appearing for the appellant. Also heard Ms. M.D. Choudhury, learned Counsel for the respondents.

2. By this appeal the appellant challenges the judgment and order dated 30.5.2005 in MAC Case No. 139 of 2001 passed by the learned Member, Motor Accident Claims Tribunal (herein after referred to as MACT), Darrang, Mangaldoi, whereby the appellant/ wife has been held entitled to only 1/4th share of the amount awarded due to the accidental death of the appellant's husband Md. Nurool Hoque (hereinafter referred to as the deceased) on 11.3.1997 in a road accident.

The appellant also challenges the direction given by the impugned order for awarding the remaining 3/4th share of the awarded amount in favour of brothers (respondents) of the deceased.

3. Following the accidental death of the deceased, who was working as Typist, the appellant/wife filed a claim petition before the MACT, Darrang and by the judgment and order dated 13.6.2003, a sum of Rs. 6,37,900/- along with interest @ 9% p.a. from the date of filing the claim petition was awarded to the wife.

4. Long after the award in favour of the appellant/wife, the four brothers of the deceased filed petition claiming a share in the awarded amount. In pursuant to the application filed by the brother-in-laws of the appellant, the MACT reviewed its earlier judgment whereby the claim of the appellant wife was allowed exclusively in her favour and by the impugned order dated 30-5-2005 declared that the appellant being the issueless widow, will get only 1/4th share of the awarded amount as per Mohammadan Law and the remaining 3/4th share would be received by the four brothers of the deceased.

5. It is not in dispute that the respondents No. 2, 3, 4 and 5, who are brothers of the deceased, were living separately with their respective families and have their own source of earning as Govt. servants and cultivators and were not dependant on the deceased.

6. This Court by order dated 27-6-2005 took the view that the rights of the claimants are to be adjudicated under the Mohammadan Law which confines the right of the issueless widow to only 1/4th share of the property of her husband. Accordingly the brothers of the deceased are entitled to the remaining share of the property of the deceased. The contention advanced on behalf of the wife/appellant that as the brothers of the deceased were not dependent on him and were, therefore, not entitled to claim a share of the awarded amount, was rejected and accordingly the present MAC appeal was dismissed by this Court on 27.6.2005.

7. The appellant challenged the rejection of her contention by filing a special leave petition (SLP) before the Supreme Court contending that her brother-in-laws, who are not dependent on her deceased husband, are not entitled to claim any share of compensation awarded by the MACT following the accidental death of her husband.

8. The Supreme Court while disposing of Civil Appeal No. 3216 of 2007 in their judgment dated 24-7-2007 (reported in AIR 2007 SC 2680) referred to the provisions of Section 166(1)(c) of the Motor Vehicles Act (hereinafter referred to as the M.V. Act) and recorded that in case of death, all or any of the legal representatives of the deceased become entitled to compensation and any such legal representatives can file a claim petition.

9. The Supreme Court specifically referred to its earlier decision in Manjuri Bera vs. Oriental Insurance Co. Ltd. reported in AIR 2007 SC 1474 where the Supreme Court recorded that under Section 168 of the Act, the Tribunal has a duty to make an award, determine the amount of compensation and also specify the person or persons to whom such compensation would be paid.

10. The Supreme Court in Manjuri Bera (supra) also referred to Section 2(11) of the CPC where legal representative was declared to mean a person who, in law, represents the estate of the deceased persons and includes any person who intermeddles with t