Legal representatives of a deceased have a right to claim compensation under the Motor Vehicles Act, regardless of financial dependency, as established by precedents.

JUDGMENT :

SANJEEV KUMAR SHARMA, J.

1. Heard Mr. S. Dutta, learned counsel for the appellant. Also heard Mr. A. Kakati, learned counsel for the respondents.

2. This is an appeal under Section 173 of the Motor Vehicle Act, 1988, against the Judgment and Award dated 01.08.2016, passed by the learned Member, Motor Accident Claims Tribunal, Nalbari in MAC Case No. 144 of 2015.

3. The appellant, a Government of India undertaking was impleaded as Opposite Party No. 1, insurer of the offending vehicle bearing Registration No. AS-25/AC-9040 (Tractor), in the claim petition filed at Nalbari in MAC Case No. 144 of 2015, by the claimants, seeking compensation in connection with the death of Ramani Das in a motor vehicle accident that took place on 03.03.2015.

4. The facts of the instant case is that on 03.03.2015 at about 11:20 am, while the deceased was going from his house towards Barama chowk for shopping on the left side of NH-31 and when he reached the road connecting Barama Chowk of NH-31, at that time a tractor bearing registration No. AS-25/AC-9040 driven in a rash and negligent manner knocked him down. As a result of the accident the deceased sustained serious injuries on different part of his body. He was immediately taken to Barama PHC and from there he was shifted to Gauhati Medical College and Hospital (GMCH), Finally he was shifted to GNRC Hospital, Guwahati where he succumbed to his injuries on 04.03.2015 at about 3.10 pm. As per the claimants the deceased was a retired Superintendent in the Office of the DGP, Assam, Guwahati aged about 62 years and earning Rs.30,000/- per month.

5. On receipt of notices, the opposite parties No. 1 and 2 appeared by filing their respective written statement and denying its liabilities. The claimants adduced four witnesses and also proved several documents in support of their claim. On the other hand the opposite party no. 1 adduced one witness in their favour.

6. The learned Member, Motor Accident Claims Tribunal, Nalbari after going through the facts and circumstances of the case and after scrutiny of materials on record disposed off the MAC Case No. 144 of 2015 vide Judgment & Order dated 01.08.2016 by awarding a sum of Rs. 11,94,545/- (Rupees eleven lakhs ninety four thousand five hundred forty five) only to the claimants considering the monthly income of the deceased as Rs. 13,445/- and applying multiplier of '7' on his age group. The learned Member further added Rs. 20,000/- for funeral expenses, Rs. 10,000/- for pain and suffering of the claimants, Rs.1500/- for convenience allowance and Rs.33,665/- for medical expenses. The Insurance Company was directed to satisfy the award within 60 days from the date of judgment failing which interest will be calculated @ 6% per annum on the awarded amount from the date of order till realization. The Insurance Company was further directed to recover the awarded amount from opposite party no. 2 by way of proceeding. Hence, this appeal.

7. Learned counsel appearing for the appellant submitted that the claimants/private respondent Nos. 1 and 2, who are the unmarried sister and son of the deceased Ramani Das are not entitled to any compensation on account of loss of dependency, which was awarded by the learned Trial Court to the tune of Rs. 11,29,380/- in as much as, it is an admitted fact that the respondent No.1/sister was the President of the Congress Women Forum, Boroma Unit and it is also an admitted fact that the son of the deceased was also a businessman. However, the learned Trial Court disregarded this vital aspect and held that merely because the sister of the deceased was the President of the Congress Woman Forum of Boroma and the son was a businessman by profession, it cannot be said that they are not entitled to get compensation due to the death of their elder brother/father who died on account of a vehicular accident submits learned counsel.

8. On the other hand, learned counsel for the claimants/respondent Nos. 1 and 2 submitted that the sister