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REKHA BORANA
Bhanwardan – Appellant
Versus
Chotu Ram – Respondent
ORDER :
1. The present appeal has been preferred against the judgment and award dated 23.08.2023 passed by the Motor Accident Claims Tribunal No. 1, Jodhpur in Claim Case No. 573/2017 (N.C.V. No. 573/2017) whereby the claim petition as preferred by the claimants has been rejected.
While deciding Issue No. 2, learned Tribunal observed that the claimants failed to prove that they were the legal heirs of deceased Karni Dan and hence, they were not entitled to any compensation.
2. Learned counsel for the appellants submitted that as per section 166 of the Motor Vehicles Act, 1988, an application for compensation can be filed by any of the legal representatives of the deceased. The said provision does not prescribe for “legal heirs” but talks of “legal representatives.” Further, the proviso to the said section provides that the application for compensation can be made by any of the legal representatives for and on behalf of other legal representatives too. Therefore, rejection of the claim petition by the learned Tribunal on count of the claimants being not the legal heirs of the deceased is totally erroneous.
3. Learned counsel further submitted that it was proved on record that the deceas
Legal representatives can file for compensation under the Motor Vehicles Act, irrespective of being legal heirs, but must prove their relationship with the deceased.
Legal representatives of a deceased can claim compensation under Section 166 of the Motor Vehicles Act regardless of their dependency status.
The main legal point established in the judgment is that every legal representative who suffers on account of the death of a person due to a motor vehicle accident should have a remedy for realizatio....
Legal representatives can claim compensation under the Motor Vehicle Act regardless of dependency, emphasizing a broad interpretation of 'legal representative' to ensure justice.
Dependents can be deemed legal representatives for compensation claims under Motor Vehicles Act, 1988, based on their financial dependency on the deceased.
Legal representatives can claim damages for pecuniary loss after a claimant's death, but not for personal injuries suffered themselves.
Legal representatives under Section 166 of the Motor Vehicles Act are not limited to spouse, parent, and children, but also include brothers and other dependents.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of dependency proof, emphasizing inclusive definitions and rights established by precedent.
Legal representatives of a deceased person are entitled to compensation under the Motor Vehicle Act even if they are not dependents, and the compensation amount must not be less than the liability sp....
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