Accident claim – Can be filed by non-dependant legal representative of the deceased. [Motor Vehicles Act, 1988, S.166, 140]

The reference was filed by the claimant (non-dependent of the deceased) seeking enhancement of compensation awarded by the chairman, Motor Vehicles Accidents Claims Tribunal. The said reference was opposed by the Insurance Company on the ground that amount of compensation would not be granted to a claimant who is not dependant on the deceased.  

It was held by the Full Bench of the Hyderabad High Court that in view of the plain language under Section 166 of the Motor Vehicles Act, 1988, which is a substantive provision for making application for compensation, it is clear that either the injured person or the legal representatives of the deceased are entitled to make an application for award of compensation. Dependency is a matter, which will have a bearing on the issue with regard to fixation of compensation and apportionment of compensation if there are more than one claimant, but at the same time, in view of the plain and unambiguous language used under Section 166 of the Motor Vehicles Act, the term ‘legal representative’ does not mean only a dependant. It is fairly well settled that the legal representative is one who can represent the estate of the deceased.

In the judgment of Hon’ble Supreme Court in Montford Brothers of ST. Gabriel and Another v. United India Insurance & Another, (2014) 3 SCC 394, it was held that it is common in the Indian society, where, the members of the family who are not even dependant also can extend their support monetarily and otherwise to the victims of accidents to meet the immediate expenditure for hospitalisation etc., in such cases, unless the legal representatives are allowed to continue the proceedings initiated by the person who succumbs to injuries subsequently, such claims will be defeated and that will also defeat the very object and intent of the Act. Any such measure would be wholly unequitable and unjust. Plainly, that would never be the intent of any piece of legislation. For the aforesaid reasons and in view of the language under Section 166 of the Motor Vehicles Act, 1988 r/w. Rule 2(g) of the A.P. Motor Vehicles Rules, 1989, we are of the view that even the legal representatives who are non-dependants can also lay a claim for payment of compensation by making application under Section 166 of the Motor Vehicles Act.