Brothers of deceased can claim motor accident compensation even if not dependent on victim: Gujarat HC

The Gujarat High Court recently held that the brothers of a man who died in a road accident can seek compensation for his death even if they were not financially dependent on him.

Justice Mool Chand Tyagi passed the ruling while rejecting an appeal filed by the driver of a speeding truck to challenge the grant of compensation to a deceased man’s brothers by a Motor Accident Claims Tribunal (MACT).

The Court referred to various Supreme Court rulings in which elder brothers and even married sons and daughters were held entitled to compensation in cases under Motor Vehicles (MV) Act.

“In view of the catena of judgments of the Hon’ble Apex Court as well as various High Courts, I am of the considered view that the brothers can claim the compensation on account of death of their brother and the claim petition is maintainable under Section 166 of the Motor Vehicles Act," the Court said on June 11.

The Court was dealing with an appeal related to a road accident that took place in 1994 in Surat. The victim was riding on his moped when the speeding truck struck him. The man later succumbed to the injuries suffered from the impact of the accident.

Observing that the accident was caused by driver’s negligence, the MACT in 2014 awarded compensation of over ₹2 lakh with an interest of 9 percent per annum from the date of filing of claim petition till its realisation.

The owner and driver challenged the MACT award on ground of maintainability of the claim made by the victim's brothers. They submitted that the brothers were not entitled to get compensation since they were not his dependants. It was further contended that their involvement in the accident and negligence was not proved on record.

However, the Court rejected the contention and observed that Section 166 of the MV Act is “amply clear” that legal representatives of the victim can maintain a claim petition.

"It is not in dispute that the deceased happens to be the brother of the claimants. Being legal representatives, they can maintain the claim petition," the Bench said.

The Court thus dismissed the appeal and directed the owner and driver of the truck to pay the awarded compensation within 6 weeks from the date of receipt of this order.

Advocate Bhaumik Dholariya appeared for the owner and driver.

Advocate Mohsin M Hakim appeared for the brothers.

[Read judgment]