Motor accident claims: Supreme Court says 'legal representative' is one who suffers loss; need not be spouse, child or parent of deceased

The Supreme Court in the case Sadhana Tomar And Ors Versus Ashok Kushwaha And Ors observed and has ruled that the term 'legal representative' under the Motor Vehicle Act should not be given a narrow interpretation to exclude those persons as claimants who were dependent on the deceased's income.

- TDG NETWORK

The court in the case stated that if the claimants were dependent on the deceased's income, then they shall be granted compensation.

The court stated that, a 'legal representative' is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.

The bench comprising of Justice Sanjay Karol and Justice Prashant Kumar Mishra was hearing the present matter.

The bench in the case was hearing the matter wherein the Motor Accident Claims Tribunal, MACT, while awarding compensation, who did not consider the 24-year-old deceased Appellants' i.e., the Father and Sister as dependents of the deceased.

The Motor Accident Claims Tribunal, MACT held that the father was not dependent on the income of the deceased and since the father was alive, the younger sister cannot also be held as a dependent of the deceased.