A legal representative or heir of a deceased person in a motor vehicle accident is entitled to claim compensation under the Motor Vehicles Act, 1988, even if they were not financially dependent on the deceased, as the compensation forms part of the deceased's estate.

Date of reserved for Judgment :02.01.2026 Date of Pronouncement :10.04.2026 Date of uploading :10.04.2026 APHC010043512012 IN THE HIGH COURT OF ANDHRA PRADESH [3520]

AT AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA MOTOR ACCIDENT CIVIL MISCELLANEOUS APPEAL NO: 2084/2012 Between:

1. S . KHADER BASHA, W/O S. PAKEER SAHEB, MUSLIM R/O RTC NALLAGUTTA, PILER, CHITTOOR DISTRICT.

...APPELLANT AND

1. A P S R T C REP BY ITS M D, Rep. by its Managing Director, Musheerabad, RTC Cross Roads, Hyderabad ...RESPONDENT Appeal filed under Order 41 of CPC praying thet the Highcourt may be pleased toorder dt. 29-2-2012 passed in MVOP No. 327 of 2009 on the file of the Court of the Chairman, Motor Accidents Claims Tribunal Cum III Additional District Judge, Tirupati.

Counsel for the Appellant:

1. T NAGARJUNA REDDY Counsel for the Respondent:

1. ARAVALA RAMA RAO(SC FOR APSRTC KKAC)

The Court made the following:

THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA M.A.C.M.A.No.2084 of 2012

JUDGMENT

Introductory:

1. The claimant in M.V.O.P.No.327 of 2009 on the file of the Chairman, Motor Accidents Claims Tribunal-cum-III Additional District and Sessions Judge, Tirupati (for short “the learned MACT”), feeling aggrieved by the dismissal of his claim petition filed in terms of Section 163-A of the Motor Vehicles Act, filed the present appeal, questioning the dismissal.

2. For the sake of convenience, the parties will be hereinafter referred to as the petitioner/claimant and the respondent, as and how they are arrayed in the impugned proceedings.

Factual Matrix:

3. Respondent herein is the respondent before the learned MACT. Son and daughter-in-law of the claimant/petitioner died in road traffic accident that occurred while they were proceeding on a motorcycle bearing No.AP 03 AH 2710 near Jammallapalle Village at about 02:15 p.m. on 18.04.2009. A.P.S.R.T.C. bus bearing No.AP 11 Z 2750 (hereinafter referred to as “the offending vehicle”) came in the opposite direction and dashed the motorcycle, causing the accident and resulting in the death of both the son and daughter-in-law of the claimant.

Claims vide M.V.O.P.Nos.327 and 328 of 2009 were laid by the claimant herein.

4. The claim made for compensation for the death of the son of the appellant was allowed, awarding compensation of Rs.3,97,000/-. However, the claim made for compensation for the death of the daughter-in-law of the claimant was dismissed on the ground of absence of dependency. Aggrieved by the dismissal of the claim, contending that the claimant can be considered both as a legal heir and dependent of the deceased daughter-in-law and disputing the dismissal of the claim, the present appeal is filed.

5. Extensive arguments are submitted for both sides.

Arguments in the appeal:

For the appellant:

6. Merely on the ground that the claim in respect of the son is allowed, dismissal of the claim in respect of the loss of dependency on daughter-in-law is not correct.

7. The claimant can be considered as dependent even on the daughter-in-

law, as they are living together and as he is aged „58‟ years.

For the A.P.S.R.T.C.:

8. Father-in-law cannot be considered as a dependent or legal heir of the daughter-in-law and the dismissal of the claim by the learned MACT is proper.

9. Perused the record. Thoughtful consideration is given to the arguments advanced by both sides.

Points:

10. The points that arise for consideration in this appeal are:

1) Whether a father-in-law can be considered as dependent on the deceased daughter-in-law for a claim for compensation when the death of the daughter-in-law takes place due to motor vehicle accident?

2) Whether the appellant/claimant is entitled for compensation? If so, to what amount?

3) What is the result of the appeal?

Point Nos.1 and 2:

Evidence relating to dependency and legal heir status:

11(i). In the inquest report, the claimant participated as a blood relative. The petitioner /