The Gujarat High Court recently delivered a pivotal ruling affirming that siblings of a deceased individual in a road accident can claim compensation, even if they were not financially dependent on the victim. This decision was articulated by Justice Mool Chand Tyagi, who dismissed an appeal from the driver of a truck involved in the fatal accident. The driver had contested the compensation awarded to the deceased man’s brothers by the Motor Accident Claims Tribunal (MACT).
Legal Precedent and Supreme Court Rulings
In reaching its decision, the Court referenced numerous Supreme Court judgments. These precedents have established that close relatives, including elder brothers and married offspring, are eligible for compensation under the Motor Vehicles Act (MV Act), irrespective of their financial dependency on the deceased.
Justice Tyagi highlighted this legal standpoint in the judgment, stating, “In view of the catena of judgments of the Hon’ble Apex Court as well as various High Courts, I am of the considered view that the brothers can claim the compensation on account of death of their brother and the claim petition is maintainable under Section 166 of the Motor Vehicles Act.”
Case Background
The case pertains to a tragic road accident that occurred in 1994 in Surat, where the victim was fatally injured after being struck by a speeding truck while riding a moped. The MACT had earlier determined that the accident was a result of the driver’s negligence, awarding a compensation of over ₹2 lakh with an interest rate of 9 percent per annum, calculated from the date of filing the claim petition until its realization.
Appeal and Court’s Decision
The truck’s owner and driver challenged this award, arguing that the victim’s brothers were ineligible for compensation as they were not direct dependents. They further contended that the negligence and involvement of the driver were not conclusively established in the records.
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However, the Court dismissed these arguments, clarifying that under Section 166 of the MV Act, legal representatives of the deceased are entitled to file a claim petition. The Bench stated, “It is not in dispute that the deceased happens to be the brother of the claimants. Being legal representatives, they can maintain the claim petition.”
Subsequently, the High Court ordered the truck’s owner and driver to comply with the compensation award, directing them to disburse the amount within six weeks from the receipt of the order.
Advocates Bhaumik Dholariya and Mohsin M Hakim represented the truck owner and driver, and the victim’s brothers, respectively.
