SC: Major married earning sons can also claim compensation u/s 166 MVA

The Hon’ble Supreme Court, on 13th January 2020, in the matter of National Insurance Company Limited v. Birender and Ors. pronounced that even major married and earning sons of the deceased being legal representatives have a right to apply for compensation u/s 166 of MVA and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased and not to limit the claim towards conventional heads only.

Question before the Court:

Whether  major sons of the deceased who are married and gainfully employed or earning, can claim compensation under the Motor Vehicles Act, 1988 ?

The Hon’ble Supreme Court observed that:

A major married son who is also earning and not fully dependant on the deceased, would be still covered by the expression “legal representative” of the deceased. The legal representatives of the deceased could move application for compensation by virtue of clause (c) of Section 166(1). (Para 14)

The legal representatives of the deceased have a right to apply for compensation. (Para 15)

Even the major married and earning sons of the deceased being legal representatives have a right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased and not to limit the claim towards conventional heads only. (Para 15)

Copy of judgement: Judgement_13-Jan-2020

-Adv. Tushar Kaushik

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