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2025 Supreme(Mad) 4869
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K. MURALI SHANKAR, J.
The Branch Manager, M/s. TATA AIG General Insurance Co Ltd. – Appellant
Versus
Muthamil Sagayam and Ors. – Respondents
C.M.A(MD)No.949 of 2023 and C.M.P(MD)Nos.14452 and 13337 of 2023
Decided On : 28-08-2025
For the Appellant : Mr. V. Sakthivel.
For the Respondents: Mr. N. Sudhagar Nagaraj.
Legal representatives can claim compensation under the Motor Vehicles Act regardless of financial dependency, recognizing their familial roles.
Headnote:(A) Motor Vehicles Act, 1988 - Section 173 - Civil Miscellaneous Appeal against an award for compensation following a motor vehicle accident. The claimants, being the nieces of the deceased, sought compensation for loss of dependency, as the deceased played a financial role in their lives. The court found they were entitled to claim as legal representatives but not explicitly as dependents. (Paras 6, 10, 15)
(B) Legal Representatives - The court confirmed that legal representatives of a deceased person can claim compensation under the Motor Vehicles Act, regardless of established dependency conditions. The ruling emphasizes the importance of recognizing the familial roles that can contribute to claims. (Paras 12, 15)
Facts of the case:
The claimants are the children of the deceased’s brother, seeking compensation after an accident claimed the life of Pichaipillai. The appellants contested the relationship basis for the claim. Evidence showed the claimants were indeed legal heirs.
Findings of Court:
Directed compensation of Rs.3,85,000/- with interest at 7.5% per annum; recognized the claimants’ right as legal heirs irrespective of financial dependency.
Issues: The court addressed the entitlement of non-dependent legal heirs in claims versus traditional dependency arguments.
Ratio Decidendi: The ruling clarified that legal representatives can seek compensation, stressing the need for courts to consider familial standings in a broader context beyond financial dependency.
Result: Civil Miscellaneous Appeal dismissed; the original award upheld.
| Table of Content |
|---|
| 1. overview of the compensation claim (Para 1 , 5) |
| 2. claimants' relationship to the deceased (Para 2 , 3 , 6) |
| 3. arguments related to dependency (Para 8 , 11) |
| 4. legal representatives' entitlement to compensation (Para 12 , 15) |
| 5. conclusion and confirmation of the award (Para 17 , 18) |
JUDGMENT :
K. MURALI SHANKAR, J.
The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.931 of 2019, dated 21.06.2023, on the file of the Special District Judge to deal with MCOP Cases (Motor Accident Claims Tribunal) Thiruchirappalli.
2. The respondents/claimants, claiming to be the daughters of the deceased Pichaipillai's brother, laid the above claim application seeking compensation for the death of their paternal uncle Pichaipillai, who died consequent to an accident occurred on 07.12.2018, alleging that the accident was occurred due to the rash and negligent driving of the rider of the two wheeler bearing Reg.No.TN-30-BA-9758 owned by the third respondent and insured with the appellant Insurance Company and that they are liable to be pay compensation.
3.The first respondent had remained ex-parte. The appellant insurer has filed a counter statement raising objections.
4. During trial, the first claimant examined himself as P.W.2 and examined one Rajakumaran as P.W.1 and exhibited 11 documents as Ex.P.1 to Ex.P.11. The appellant/insurer adduced neither oral nor documentary evidence.
5.The learned trial Judge, upon considering the evidence both oral and documentary and on hearing the arguments of both sides, has passed the impugned award, dated 21.06.2023, holding that the first respondent's vehicle rider was responsible for the accident, directed the insurer to pay compensation of Rs.3,85,000/- with interest at 7.5% per annum and costs. Aggrieved by the impugned order, the insurer has preferred the present Civil Miscellaneous Appeal.
6. The only and main ground canvassed in the present appeal is that the respondents 1 and 2/claimants are only the daughters of the deceased's brother and as such, they are not depending on the deceased and hence, they are not entitled to claim compensation.
7.The learned counsel for the appellant would submit that even assuming for argument sake that the claimants, being the daughters of the deceased's brother, in the capacity of legal representatives are not entitled to claim compensation for loss of dependency, they may at best can claim compensation for loss of love and affection.
8. It is the specific case of the claimants that the deceased remained unmarried and he led a happy life with his brother's daughters ie., the claimants herein; that he gave his earnings to the claimants and that both the claimants have lost their loving, caring, affectionate of their paternal uncle, who guided them through their life.
9. The appellant has taken a stand that the claimants are not the legal heirs and dependants of the deceased Pichaipillai and hence,they have no right to claim compensation for the death of the deceased Pichaipillai.
10. The claimants have produced the legal heirship certificate under Ex.P.4, wherein it is shown that the claimants are the legal heirs of the deceased Pichaipillai. The appellant has not disputed the said factum. It is the not the case of the appellant that the deceased is having other legal heirs/legal representatives other than the claimants or that the claimants are not the legal representatives of the deceased.
11.No doubt, as rightly pointed out by the learned counsel for the appellant, the claimants were aged 46 and 42 years respectively at the time of filing the claim application and are married. The learned counsel for the appellant would submit that the claimants are living with their respective families at different places and they are not financially dependant on the deceased and as such there are not entitled for the claim.
12. The learned counsel for the appellant would rely on the decision of Hon'ble Supreme Court in the case of Deep Shikha and ano
