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Married sister gets compensation for brother's death

Awarding Rs 51.75 lakh to a married woman for the accidental death of her brother, a Motor Accident Claims Tribunal has held that legal heirs, even if not dependent on the deceased, are eligible for compensation.
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After hearing both the parties, Thane Additional Sessions Judge and Motor Accident Claims Tribunal member P R Kadam observed that the claimant’s advocate, S V Patkar, submitted that under MV Act section 166, where the death has resulted from the accident, the claim can be preferred by all or any of the legal representative of the deceased.

This provision does not speak about dependents, but about legal representative of the deceased. All or any of the legal representative of the deceased can prefer claim petition before the tribunal, irrespective of he/she or they being dependent or not dependent on the deceased, he noted.

In absence of class-I heirs of the deceased, married daughter/sister is entitled to claim compensation even though she may be staying separately, he observed.

The judge further said that in his view, the married daughter/sister, if she is the only legal heir, is entitled to file claim under MV Act section 166 as the word used in it is ‘legal representative’ and not a ‘dependent’.

Therefore, Judge Kadam recently awarded a compensation of Rs 51.75 lakh to the Thane woman, including Rs 51 lakh for loss of dependency (future income), and Rs 25,000 each for funeral expenses, loss of love and affection of brother and loss of estate.

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