Legal heirs too eligible for relief, says tribunal

The claimant, Divya Alok Srivastav informed Thane MACT that on May 23, 2007, her brother Abhisek Kumar, who worked with ICICI Prudential Life Insurance and earned about Rs 4 lakh salary per year, had hired a taxi affiliated with One Sai Network Agency and proceeded to Shirdi along with her parents to offer prayers. 

The next morning, they were on way to Pune when car driver Sagar Vilas Lokhande, who was allegedly speeding, lost control and rammed the vehicle into a tree. In the accident, the claimant’s father, mother, brother Abhishek and the taxi driver died on the spot. 

Divya alleged that the accident occurred due to the driver’s sole negligence, and that she was eligible for compensation for her brother’s death. 

The taxi owner did not contest the claim and the matter was decided ex-parte against her. However, the insurance firm’s counsel submitted that the applicant was not entitled for compensation under section 166 of Motor Vehicle Act, as she was a married woman and not dependent on her brother. 

After hearing both the parties, Thane Additional Sessions Judge and Motor Accident Claims Tribunal member PR Kadam observed that the claimant’s advocate, SV Patkar, submitted that under MV Act section 166, where the death has resulted from the accident, the claim can be preferred by all or any of the legal representative of the deceased. This provision does not speak about dependents, but about legal representative of the deceased.