JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. A.K. Gupta, learned counsel appearing for the appellants/petitioners as well as Ms. M. Choudhury, learned counsel appearing for the respondents.

2. This appeal is directed against the judgment and award passed by the learned Member, MACT, Tinsukia, dated 21.03.2011 in MAC Case No. 145/2009, awarding compensation of Rs. 1,00,000/- (Rupees One Lakh) in favour of the sister of the deceased, claimant/ appellant No. 2 Miss. Mrinali Konwar.

3. As there is no dispute regarding death of Mridul Konwar in a road traffic accident, which occurred on 09.08.2009 at about 10.00 P.M. due to rash and negligent driving by the driver of the offending vehicle bearing Registration No. AS-23-E-3123 (Bolero GLX) and liability of the insurer of the offending vehicle, the only points to be considered here in this case is:

“Whether the claimants/appellants being major brothers and sister of the deceased claimed to be dependent on his income are entitled to get any compensation.”

4. It was urged by learned counsel for the appellant that there is no prohibition under the Motor Vehicles Act for the legal representatives to maintain a claim petition and that the deceased duri