IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.737 of 2009 NEW INDIA ASSURANCE COMPANY Versus MINA DEVI & ORS. ----------- 2 7.5.2010 Heard the learned counsel Sri Ashok Priyadarshi appearing on behalf of the appellant and Sri Madhurendra Kumar appearing on behalf of the claimants. This appeal has been filed against the order dated 2.9.2009 passed by the Motor Vehicle Claims Tribunal-Cum- 6th Additional District Judge, Motihari, in M.V. Claim No.39/06 whereby the learned Tribunal allowed the application under section 140 of the Motor Vehicle Act, 1988 and directed the Insurance Company appellant to pay Rs.50,000/- to the claimants respondents. The learned counsel submitted that the learned court below has not framed any issue regarding the points raised by the Insurance Company and has directed the Insurance Company to pay Rs.50,000/- to the claimants under section 140 of the M.V.Act. The learned counsel further submitted that in this case the married sister is the claimant who is not Class-I heir of the deceased and she was not depending of the deceased and without deciding this matter the impugned order has been passed. On the other hand, the learned counsel for the respondents submitted that the learned court below has relied upon various decisions of the Hon’ble Supreme Court and has held that in absence of the class-I heir also the legal representatives may also maintain the application. 2 From perusal of the impugned order it appears that the learned Tribunal has referred to various decisions of the Hon’ble Supreme Court. In a decision reported in 2001 (1) PLJR 500 (Pappu Mahtar vrs. Subash Prasad Yadav) this Court has also held that legal representatives of the deceased can also maintain the application for compensation. The Hon’ble Sumpreme Court in a decision reported in 2007 S.A.R. Civil 688 has held that the legal representative can maintain an application for compensation. The argument of the learned counsel for the appellant is that the claimants are entitled to a lump sum amount and not according to the multiplier method. The learned counsel submitted that for giving compensation to the legal representatives the court can grant only the expenses of funeral expenses, the amount spent in treatment etc. and any other amount which they incurred regarding the death of the deceased. Both these matters are to be decided in the final case under section 166 of the M.V.Act after full trial. In view of the above facts and circumstances of the case it is directed that if ultimately after trial the tribunal will find that the claimant is entitled to this Rs.50,000/- which is being paid to her pursuant to the order impugned than the excess amount may be returned to the claimant and if the learned Tribunal will find that the claimant is entitled to more than Rs.50,000/- than the excess amount to Rs.50,000/- will be paid by the appellant. In view of these above facts and circumstances of the case this appeal is disposed of with a direction that the statutory 3 amount of Rs.25,000/- deposited by the appellant before this Court may be transferred to the lower court so that the said Rs.25,000/- may be paid to the claimants after proper verification. The appellant is further directed to pay Rs.25,000/- as directed by the impugned order within next one month. AnilKr.Sinha ( Mungeshwar Sahoo, J. )