IMPORTANT POINT
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 specified in Section 140.

JUDGMENT :

(Tashi Rabstan, J.) :

1. When the matter was called, no one has caused appearance on behalf of the respondents-claimants. A perusal of order sheets reveals that earlier also on several dates of hearing, respondents remained unrepresented. Therefore, this Court is left with no other option but to dispose of this appeal on the basis of pleadings and averments made in the appeal.

2. The present appeal has been filed against the award dated 31.01.2011 passed by the Presiding Officer, Motor Accident Claims Tribunal, Kathua, hereinafter referred to as 'Tribunal' in file No. 52/Claim, title "Asha Devi and Others Vs. Raj Kumar and Other". The aforesaid claim was allowed with a direction to the insurance company to pay an compensation amount of Rs.6,10,000/- to the respondents along with interest @ 7.5% till liquidation of the whole amount minus the interim compensation if any received by the claimants under Section 140 of the Motor Vehicle Act.

3. The parties were directed to lead evidence before the Tribunal and after appreciation of the evidence lead by the parties, the Tribunal on the basis of statements of the witnesses and on perusal of the record annexed with claim petition, came to the conclusion that compensation amounting to Rs.6,10,000/- shall be paid to the claimants-respondents herein by the insurance company along with interest @ 7.5% till liquidation of the whole amount.

4. I have heard learned counsel for the appellant-insurance company, considered his submissions and have gone through the record placed along with this appeal.

5. The precise ground of challenge thrown to impugned award is that the Tribunal has not appreciated the law as well as the facts on record in a proper perspective and the conclusions drawn are erroneous under law. On this count, Mr. D.S. Chouhan, learned counsel for the appellant has submitted that the findings of the Tribunal are perverse and deserve to be set aside. He has further submitted that the Tribunal has not appreciated the law and facts in its right perspective and is not justified in deciding the award because the claimants- respondent Nos. 1 to 3 are not dependents of deceased-Balkar Chand and as a matter of fact the respondent No.1 is the married sister of deceased, respondent No.2 is nephew of deceased and respondent No. 3 is also married sister of the deceased.

6. It is further argued that though the claimants are the legal representatives of deceased but they are not dependents of deceased Balkar Chand and were not dependent upon the earning of the deceased. Mr. Chouhan, learned counsel for the appellants on the basis of this contention has submitted that the claim petition was not maintainable and as such the award passed by the Tribunal needs interference of this Court being unjustified in light of Section 155 of the Motor Vehicle Act.

7. The arguments advanced by learned counsel for the appellant appears to be full of substance. In support of his arguments, he has relied upon judgment passed by the Apex Court in Civil Appeal No.1702 of 2007 title "Smt. Majuri Bera Vs. The Oriental Insurance Co. Ltd. and Another" reported in 2007 (2) Law Herald (Supreme Court) 1346 and decision rendered by this Court in case "New India Assurance Co. Vs. Ranjit Singh Manhas and Others", reported in 2007 (3) JKJ 271[HC].

8. For facility of reference, it would be advantageous to reproduce paragraph Nos. 8, 11, 12, 14 and 16 hereunder:

"8. Section 166 of the Act corresponds to Section 110 of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Old Act') and the same reads as follows:

Application for compensation: (1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of Section 165 may be made-

(a) by the person who has sustained the injury; or

(b) by the owner of the property; or

(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or

(d) by any agent duly authorized by the person injure