The Tribunal allowed the claim to award compensation of Rs. 4,67,000/- only with interest @6% P.A overruled by the superior authority as various factors are failed to be established and Claimant is entitled to the total compensation of Rs. 2,04,000/- with 6% interest held by the Gauhati High Court before the HON’BLE MRS. JUSTICE MALASRI NANDI in the matters of National Insurance Company Ltd V. Sri Polia Pator. [MAC Appeal No. 131/2016]
The background of the case arises, from the death of the Petition in the road traffic accident due to rash and negligent driving of the offending vehicle. The Deceased was 30 years of age at the time of the accident and the claimant being able to body major brother having own income cannot be stated to be dependent on the income of the deceased. The claimant is the brother of the deceased. The reason for not allowing compensation to the deceased person is that error under the head loss of dependency. The claimant is not entitled to compensation under the head loss of dependency for the reason that he is major and not established the dependant of the deceased. The claimant was living with the deceased and was depending on the income of the deceased.
As per Section 166 of the Motor Vehicle Act, the legal representatives who are non-dependants can claim for payment of compensation by making an application under Section 166 of the Act. No definition of a legal representative in the Motor Vehicle Act is stated but the definition of legal representatives in the provision of Section 2(11) of CRC is stated.
The Hon’ble Court held that “The Claimant is held entitled for total compensation of Rs. 2,04,000/- with interest @6% against the impugned judgement passed by the Tribunal. The Statutory amount deposit will be returned accordingly”
Judgement Reviewed by – Kaviya S