Proof of loss of dependency is essential for claiming compensation under Section 166 of MV Act.

1. The New India Assurance Company Ltd. is in appeal against the award of Motor Accident Claims Tribunal, Jammu (for short ‘Tribunal’) dated 04.12.2015 passed in Claim Petition No. 355 titled Balkara Ram and ors vs. Ajay Kumar and ors. The Tribunal has awarded a sum of Rs.17,75,500/- along with interest @ 7.5% per annum. During the pendency of this appeal, respondent No.1 Balkara Ram expired and was substituted by his legal heirs i.e wife and daughter.

2. Facts, leading to the filing of this appeal, briefly stated are that on 03.06.2013, the deceased Dharam Chand, who was travelling in a Load Carrier bearing Registration No. JK02AL-5630 for bringing vegetables from the Mandi for his shop, suffered grievous injuries on account of accident caused due to rash and negligent driving of its driver i.e respondent No.5 who was driving the vehicle with excessive speed and could not control the vehicle which turned turtle. The deceased, it is claimed, later on succumbed to injuries. Respondent No.1 (now expired) and respondent Nos. 2 to 4 filed claim petition being legal heirs of deceased Dharam Chand. At the time of filing of the claim petition, respondent Nos. 3 and 4 were minor. The appellant-Assurance Company contested the claim petition by filing objections. On the basis of the pleadings of the parties, the Tribunal framed the following issues.

“1. Whether an accident took place on 03.06.2013 at about 4.30 am near Military Hospital Satwari by rash and negligent driving of the vehicle bearing registration No. JK02AL-5630 (Load Carrier) by its driver as a result of which deceased Dharam Paul received fatal injuries? OPP

2. If issue No.1 is proved in affirmative whether petitioners are entitled to compensation, if so to what amount and from whom ? OPP

3. Whether the offending vehicle was being driven at the time of the accident in violation of terms and conditions of policy of insurance and insurance company is not liable ?

3. Issue No.1 was held proved in favour of the claimants and it was established that the deceased had suffered injuries due to motor vehicular accident occurred due to rash and negligent driving of the offending vehicle by respondent No.5. The deceased, later on, succumbed to injuries. Respondent No.6 being the owner of the vehicle was held vicariously liable for the negligent act of respondent No.5 and the appellant-Assurance Company having insured the vehicle against any such loss was held liable to meet the claim. On issue No.2, learned Tribunal, after referring to the evidence that had come on record and the legal position, awarded the compensation in the following manner:

1	Loss of Dependency:	Rs.13.45,500/-
2	Funeral expenses:	Rs.25,000/-
3	Loss of estate:	Rs.5,000/-
4	Loss of love and affection	Rs.4,00,000/-
	Total:	Rs.17,75,500/-

      4. Aggrieved, the Assurance Company is in appeal and has challenged the award impugned, inter alia on the ground that the deceased was travelling in the Load Carrier (goods vehicle) having seating capacity of only one i.e driver and, therefore, was a gratuitous passenger sitting in the vehicle un-authorisedly and this aspect, though specifically raised, was not correctly appreciated by the Tribunal. It is also urged that two of legal heirs of the deceased were major having their independent source of income and, therefore, were not dependent upon the deceased. It is stated that they have been wrongly awarded the compensation. There are other grounds of challenge also in the memo of appeal but the same were not seriously pressed.

5. Learned Tribunal considered all these aspects but did not find any merit therein. As rightly held by the Tribunal, the legal heirs of the deceased whether minor or major are entitled to file application under Section 166 of MV Act. It is, however, true that for claiming compensation under Secti