LexSMT. MANJURI BERA versus THE ORIENTAL INSURANCE COMPANY LTD. AND ANR.
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A B SMT. MANJURI BERA v. THE ORIENTAL INSURANCE COMPANY LID~ AND ANR. MARCH 30, 2007 [DR. ARIIlT PASA YAT AND S.H. KAPADIA, JJ.] Motor Vehicles Act, 1988; Ss. 140, 166 and 168/West Bengal Motor Vehicles Rules, 1989/Code of Civil Procedure, 1908; s 2(ii). C Motor Vehicles accident-Death-Claim Petition-Legal representative not dependent on deceased-Entitlement to-Held: In case of vehicular accident, all/any of legal representatives of the deceased entitled to claim compensation-Any of them could file a claim petition-Liability in terms of s. 140 of the Act does not cease merely because of absence of dependency- D Right to file claim has to be considered in the back ground of right to entitlement-Even if there is no loss of dependency, the claimant/legal representative would be entitled to compensation. Words and Phrases: E 'Legal representatives '-Meaning and scope df in :terms rdf s. 2(ii) CPC-Discussed Appellant's·father lost his life in a vehicular accident caused by a Mini Truck belonging to respondent No. 2. As the deceased had:no«lther.legal heir, a claim petition was lodged by his married daughter 1und:er s.140(2) of the F Motor Vehicles Act. Respondent No.I, the insurer With w.hom 'the offending vehicle was the subject-matter of insurance filed a written stat:em:ent taking the stand that since the claimant was not dependant upon the'deceased, there was no question of any compensation being paid. The Motor Accident Claims Tribunal dismissed the claim petition accepting the stand of the insurer. An G appeal was filed by the appellant before the High Court questioning the correctness of the Tribunal's view. The High Court by the impugned judgment held that the appeal was without merit and dismissed the·same. Hence the present appeal H Amicus Curiae submitted that the view taken by1he Tribunal and the 590 MANJURIBERAv. THEORIENTALINSURANCECOMPANYLTD. 591 Ill ;<-- High Court is super technical that even if there was no dependency, there js A a loss to the estate and a person who is a legal representative but not dependant can yet be a beneficiary of the estate, therefore, a realistic and pragmatic view should be taken. Allowing the appea~ the Court B HELD: 1.1. The Expression "legal representative" has not been defined ~ either in the Motor Vehicle Act or the West Bengal Motor Vehicles Rules, 1989. The widest meaning, therefore, can be ascribed to it in terms of Section 2(11) of the Code of Civil Procedure, 1908. (Para SJ (592-G-H; 593-A) 1.2. In terms of clause (C) of sub-mission (1) of Section 166 of the Act c in case of death, all or any of the legal representatives of the deceased become entitled to compensation and any such legal representative can file a claim petition. Therefore, the High Court was justified in its view that the appellant could maintain a claim petition in terms of Section 166 of the Act. [Para 9] [594-C-E] · D .J. -~- 1.3. According to Section 2(11) of CPC, " legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased any where a party I sues or is sued in a representative character the person on whom the estate devolves on the death of the party so suing or sued. [Para 12) [595-D-E] E Custodian of Branches of BANCO National Ultramarino v. Nalini Bai Naique, AIR (1989) SC 1589, and Gujrat State Road Transport Corporation v. Ramanbhai Prabhabhai and Anr., AIR (1987) SC 1690, relied on • . 1.4. There are three stages while assessing the question of entitlement. F ·1 In the first stage, the liability of the person who is liable and the person who is to indemnify the liability, if any. Next is the quantification and Section 166 is primarily in the nature of recovery proceedings. [Para 14) (596-A-BJ 1.5. A legal representative who is not dependant if files an ~pplication for compensation, the quantum cannot be less than the liability referable to G Section 140 of the Act. Therefore, even if there is no loss of dependency the claimant if he or she is a legal representative will be entitled to compensation, .... ~ the quantum of which shall be not less than the liability flowing from Section 140 of the Act. [Para 16) [596-C"".D) CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1702 of2007. H 592 SUPREME COURT REPORTS [2007) 4 S.C.R. A From the Final Judgment and Order dated 12.11.2003 of the High Court of Judi
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