motor accident claim
Querist :
Anonymous
(Querist) 05 August 2011
This query is : Resolved
DEAR EXPERTS,
IN THE ABSENCE OF FATHER, MOTHER, WIFE AND CHILDREN OF A DECEASED PERSON WHETHER THE BROTHERS, SISTERS, BROTHER SONS’ (CLASS II HEIR AS PER SECTION 8 OF INDIAN SUCCESSION ACT 1956) ARE ELIGIBLE TO GET MOTOR ACCIDENT CLAIMS COMPENSATION OF DECEASED BROTHER. IF SO, GIVE ME AN AUTHORITY OF THE HIGH COURT/SUPREME COURT. THANKING YOU IN ANTICIPATION. N. SANKAR, ADVOCATE.
adv. rajeev ( rajoo )
(Expert) 05 August 2011
Only the legal heirs and dependents of the deceased can claim the compensation. Dependents will have to prove that they were depended on the deceased, otherwise they cannot claim.
Raj Kumar Makkad
(Expert) 05 August 2011
If deceased was married then only his legal heirs means his widow, children and mother are entitled to claim compensation and not any other person.
K.S.Srinivas
(Expert) 05 August 2011
Except legal heirs of the deceased, no one can claim compensation.
DISHA D. SHAH
(Expert) 06 August 2011
Agree with all recently i heard in judgment of sc " dependent not include father in case of deceased is minor" i think by this many cases can be dismissed
prabhakar singh
(Expert) 06 August 2011
A motor accident compensation claim can be either u/s140/or u/s163a says 163b of Motor Vehicles Act 1988.
section 140 uses word "claimant" and the definition section 2 does not define it BUT when one proceeds to read section 163a one finds in its sub section (1)the use of words" the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or permanent disablement due to accident arising out of the use of motor vehicle, compensation, as indicated in the Second Schedule, to the legal heirs or the victim, as the case may be."CLEARLY SPEAKS OF "LEGAL HEIRS" THIS IS A BENEFICIAL LEGISLATION HENCE IN MY VIEW THE WORD "legal heirs " will mean heirs available and entitled to inherit under personal law irrespective of their dependency on the victim deceased .
