Legal Representative in Motor Accident Claim Includes All Dependents, Not Just Immediate Family: SC

Legal Representative in Motor Accident Claim Includes All Dependents, Not Just Immediate Family: SC

  • Case Name: Sadhana Tomar & Ors. v. Ashok Kushwaha & Ors.
  • Judge(s): Justice Sanjay Karol and Justice Prashant Kumar Mi

The Supreme Court upheld that under Section 166 of the Motor Vehicles Act, 1988, a "legal representative" is not just the deceased person's spouse, parents, or children but can be anyone who depends on their income.

The Motor Accident Claims Tribunal (MACT) and the High Court of Madhya Pradesh denied compensation to the deceased’s father and sister, ruling that they were not dependents.

The Supreme Court, referring to past cases Gujarat SRTC v. Ramanbhai Prabhatbhai (1987) and N. Jayasree v. Cholamandalam MS General Insurance Co. Ltd. (2022), ruled that being financially dependent on the deceased is enough to claim compensation and granted relief to the applicants.

Court Order / 6 months ago

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