HIGH COURT OF CHHATTISGARH : BILASPUR DIVISION BENCH: HON'BLE SHRI T.P.SHARMAAND HON'BLESHRI R.L.JHANWAR, JJ. APPELLANTS CLAIMANTS RESPONDENTS DRIVER&OWNER INSURER IVI.A.No.510of2003 1. Sayyed Ismail (Now dead) 2. SayyedRarid,agedabout32years,S/o Late Sayyed Ismail, R/o Village Chichaula P.S. Chhuria, District Rajnandgaon (C.G.) 3. Smt. Gulnisha, Wd/o Mohd.Salim, aged about 50 years, R/oNear Shyiam Talkies Square, Budapara, RSipur (C.G.) • | | VERSUS : 1. Sakttar Singh, S/o palbir Singh [' . • ' ' • ; 1 • . • i 2. BantaSingh, S/o BachanSingh | i Both R/o Jain Auto Service, BeHind Petrol Pump, Transpprt Nagar, Tatibandh, G.E. Road, Raipur (C.G.^ 1 3. United tndia Insurance Cortip. i Ltd. Divisional Office Kachaiiari Chctwk, ? Raipur(C.G.) [ j MlS.APPEALUNDERSECTICaNliTSOFTHENlOTORVEHICLESACT, 1988 II Shri RatanPusty, counselforthe appellants. Shri Dashrath ©ypta.counselfor thte respondent No.3 ORALORDER (Passedon28.Q7.2010) The following oral order of the Court was deliverecllby T.P.Sharma,J i 1 The challenge in this appeal is toawarddated 14,01.2003 pa^sed by the 9* Additional Motor Accidents Claims Tribunal (F.T.C.), Rairiur (in short 'the Tribynal') in claim case No. 49/2002 whereby the le^ijried Tribunal has dismissed the claim petition on the ground 6f entitlemfeipt of the appellants, .'. ; '."•'• w 'f ^ •F-i'i?' — '2-- 2. The award is impugned on the ground that even in case ofabsence pf entitlement, the mother i.e. respondent No.3 is entitled to compehsation in terms of Section 140 of the Motor Vehicles Act, 1988. 3. Brief facts for necessary disposal of this appeal as pleaded by the parties are that Salma Sultan (since deceased) has died on account of motor accident occurred on 12.05.1992. The truck bearing registrgtjon No. A.X.A. 2168 was driven by respondent No.1 in a rash and negligent manner, owned by respondentNo.2 and was insured with respondent No.3. 4. Claim petition was filed on behalf offather-in-law, brother-in-law of the deceased and thereafter the name of mother bf the deceased been added as subsequent party. has 5. After affording ppportunity and hearing thej parties, the learrted Tribunal has dismissed the claim petition on the grciund of entitlemerit of claim for compensation by holding that theappetlants are not dependents ofthedeceased—SalmaSultan. ! 6. Shri Ratan Pusty, leamed counsel for the appellants andiShri Dashrath Gupta, tearned counsel for respondent No.3 are heard. /l^ard impugnedandrecoTClofClaimsTribunalperused. | ] 1 7. Admitteclly, the deceased Sayyed Ismail has deposed in ihis evidence that he was dependent upon her daughter-in-law. As per |he statement of cpynsel for the appellants, the deceased Sayyed Ismail t)ias died on 02.02.2003 i.e. after passing of the award dated 14.01.2003 ghd before filing ofthis appeal on 16.06.2003. Therefore, the appeal filejd|on behalf of Sayyedlsmail is not maintainable being the appellant on bertalf ofdeceased Salma Sultan. 8. As regards the entitlement of compensation relating to app^nt No.2 Sayyed Farid, brother-in-law (Devai)ofthe deceased, the appejllant No.2 has npt examined himself tp show that he was the dependent uppn her sister-in-law. The appellant No.3 - Smt. Gutnisha, the mother 61j the deeeased has also notexamined herself. While dealing withlquestidhiof entitlement of compensation in terrns of Section 140 of the Mbtor VeMliKsIs ffigll r^: i!l: t.l'i' ,SWii -3 Act; in the ;matter? of Sitit. Manjiiri Qera •w. Oriental Insurance Co. Ltd., 2004 AlRSCWfc 1962, the Apex Gourt has held that mofher of the deceased married daughter is a lega) representatjve and is erititled to comperisation oi^ aecouht of her daughter being died in motoi- accident and the entitlement of mother comes under Section 140; of the Miator Vehicles Aet, 1988. AppellanfNGJ.3 Aein^ requjredtoproveherdepehdeneyupohtiefirrrarrieddaughter.Ther^ in vlew of the idicturri Qf the ^pexi eoutt in the abovp cited^Ga^ appellant No.3 is entitlectfor eom^nsation|tottTetune|of^Rs.50^^ acpordanegwith Section 440 ofthS lyi^orMhiGles^AGt, 1988. | | j9. ;j Wt'lile 'cli^n'iissiiSg|;tl"i|e^e;[8itii cf^Kjtj(3ijji^the. le^jrnsdj ;Trihunal (BiaSiinot • iConSiderea*theiGEn0Sfi|[riaterialj;asp^ thatgthe^mQtherHoft^ Imamed daughlsr js also a'depen^ent ow her ctec^ased^ therebycomrnitteid.illegaiity. . ; . ^ " 1 ^: 10. FortheitoFegDing reas6HS,'tlig;sippBa|^is partly atlowgdi Thg ;aiw^rd| Lis;'modified| to:^l»^extent;lhat^H&|aRp^liEBntyNo.3,|K^^^ Rs.50,000/- as^iconiRensation frerB the iS^c»r^ CQmpany. ^ Thei;r^gondeht No,3"- Unit^^ iLimjted isgran^yeO daystiffl6.fT6ra^dayltp deposit F^.5Q,%0/-^^^ coneerned Clainis Tribuhal. NQ?OFder as te>^GQsts______ -.insitrgiiiGe Sd/- T.P. Shanna ie Sd/- R.L. Jhanwar Judge i' JI.-1-.