FINANCIAL DEPENDENCY IS NOT THE SOLE CRITERION FOR REPRESENTATIVES OF THE DECEASED TO CLAIM COMPENSATION - KERALA HC UNDER MACT ACT

The single judge Justice CS Dias of Kerala High Court, held that under the Motor Vehicles Act, 1988, financial dependency is not the sole criterion for representatives of the deceased to claim compensation. Even if financial dependency were a suitable criterion, it would go beyond the scope of just financial dependency.

The court was hearing an appeal by the United India Assurance Company challenging an order passed by the Motor Accident Claim Tribunal (MACT). MACT ordered the Insurance Company to pay the claim under Section 166 of the Act made by the daughters and parents of a widow named Sreedevi, who died after being mowed down by a vehicle. 

The Appellant argued that the daughter and grandparents are not the legal representatives of Sreedevi and, since one of the daughters is married, she was not dependent on her mother. 

Advocate Manasy T, appearing for the respondents, argued that after Sreedevi lost her husband, she started living with her parents and two daughters. Sreedevi was the sole breadwinner of the family, and the family was dependent on her. 

On considering the rival contentions, a set was questions were framed before the Court such as: 

• Whether the dependency is a relevant criterion under the Act? 

• Are parents and married daughters entitled to claim u/s 166?

• Should a dependent be a legal representative to claim under the Act?

The Court answered that the parliament has declined to define the expression legal representative and dependent. The Act is a social welfare legislation and, therefore, courts should choose a beneficial rule of making favourable to those in whose interest the enactment has been passed. 

However, in a claim u/s 166 of the Motor Vehicle Act, the dependent has to be a legal representative of the deceased; otherwise, the expression ‘legal representative’ will be declared useless. And regarding the parents, it is a statutory duty to maintain a senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The court also took objection over the contention that a daughter once married would no longer be dependent on her mother. 

The single bench dismissed the appeal after finding merits in MACT's finding that both the married daughters and the parents are entitled to dependents and compensation.