Dependents can be deemed legal representatives for compensation claims under Motor Vehicles Act, 1988, based on their financial dependency on the deceased.

1. This appeal has been filed by claimants against the impugned order dated 4.12.2008 passed by the Addl. Motor Accidents Claims Tribunal (FTC), Balod, District Durg (C.G.) in Claim Case No. 14 of 2008 dismissing the claim petition, as not maintainable.

2. Brief facts of the case as per the version of the claimants are as under:
(i) The claimants are brother and sister of the deceased Gita Bai who was married to Shankarlal Halba, a resident of village Limhors. After a few days of the marriage, her husband died. Therefore, Gita Bai started residing in her maternal home at village Faradfod. Her brother Durgaram who is physically handicapped and Theli Bai, an unmarried sister, both were also residing with the deceased.
(ii) On 21.1.2008 deceased Gita Bai was returning from the matrimonial village Limhors to village Faradfod by tractor having registration No. CG 7 - D 8765 and trolley registration No. CG 7 - D 9766. When the said vehicle, which was being driven by respondent No. 1 in a rash and negligent manner, reached near the house of one Suresh Rana of village Faradfod it met with accident, as a result of which Gita Bai fell down from the tractor and sustained grievous injuries on her chest and backside. She was admitted in Shahid Hospital, Dallirajahra, where she died during the course of treatment.
(iii) The deceased was having annual income of Rs. 60,000 by means of agricultural work. Besides this, she was also working as anganwadi worker and was earning Rs. 500 per month. The claimants being dependants and legal representatives of the deceased have made claim to the tune of Rs. 16,45,000 on various heads.

3. Learned Claims Tribunal dismissed the claim petition on the ground that the claimants are not the legal representatives of the deceased as they are brother and sister and, therefore, they are not entitled to receive any compensation. However, since the deceased was widow, her in - laws are deemed to be legal representatives. The Tribunal has recorded the findings that the offending vehicle has met with accident when respondent No. 1 was driving it in a rash and negligent manner, as a result of which the deceased had died and there was no negligence on the part of the deceased.

4. It has come in the evidence that about 20 years before the date of accident, the deceased was married and after 15 days of her marriage, she became widow and came back to her maternal house in village Faradfod where her physically handicapped brother and an unmarried sister were living. She extended financial help to them as the brother was unable to perform any work due to the reason that he was crippled and both his legs were not functioning. The sister was also unmarried and was dependent on her. In the maternal house, the deceased was earning by doing agricultural work. It was also stated that the deceased was an anganwadi worker but it could not be proved by filing documents. Thus the claimants were dependent upon the deceased and were living with her in village Faradfod.

5. S.166 (1) of the Motor Vehicles Act, 1988 provides that an application for compensation arising out of an accident of the nature specified in sub-section (1) of S.165 may be made by the person who has sustained the injury; or by the owner of the property; or where death has resulted from the accident, by all or any of the legal representatives of the deceased. A proviso to this section has been added that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have n