New India Assurance Company Limited vs Savita Kumari and Others

Vijender Singh Malik, J.—New India Assurance Company Limited, the insurer has brought this appeal challenging the award dated 05.12.2012 passed by learned Motor Accidents Claims Tribunal, Rupnagar (for short ''the Tribunal'') on two grounds. The first is that the deduction has been made of 1/3rd though the dependent family member is one and the second point is that on the pension of Rs. 10740/- 58% dearness allowance has been added without any reason. Ram Sarup had died in a road side accident that took place on 02.01.2012. On his death, his wife Savita Kumari and his two sons Vikas Sharma and Amit Kumar brought a claim petition u/s 166 of the Motor Vehicles Act, 1988 seeking compensation in a sum of Rs. 35,00,000/-. Learned Tribunal vide the impugned award has allowed the claim petition in a sum of Rs. 12,24,000/-.

The deceased had been a pensioner and as per certificate Ex. PW3/A his pension has been Rs. 10740/-. Bishan Dass, who appeared in the witness box as PW-3 proved the pension certificate Ex. PW-3/A named as pension slip in the award and had stated that at that time dearness allowance of 58% was admissible on the basic pension.

Though claimants Vikas Sharma and Amit Kumar are the major sons of the deceased, the question is as to whether they are not entitled to compensation and do not fall in the category of legal representatives of the deceased, entitled to maintain a claim petition u/s 166(1) of the Act. In my opinion, on both the points the appeal is bound to fail. Rs. 10740/- is the basic pension and if the dearness allowance is admissible on the same @ 58%, the income of the deceased would be calculated after adding the dearness allowance @ 58% to the basic pension. Savita Kumari, who is widow of the deceased, is one of the claimants. However, Vikas Sharma and Amit Kumar are also the claimants and they are the sons of the deceased and, therefore, his legal heirs and legal representatives. Even if a son is himself earning, he looks to his father for financial help if his father has something to spare. The said two persons would have received help from the father and thus, they can be held entitled to compensation on the death of their father. In P.S. Somanathan and Others Vs. District Insurance Officer and Another, , Hon''ble Supreme Court of India has held sister, one brother and mother of the deceased to be entitled to compensation on the death of an unmarried person. The case in hand is on a better footing where the claimants are two sons with their mother. Therefore, the deduction of 1/3rd is valid and it cannot be interfered with. In these circumstances, I do not find any substance in the submissions made by learned counsel for the appellant. Consequently, the appeal is found to have no merit and is dismissed.