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S. Khader Basha v. APSRTC
2026:APHC:14860 | Andhra Pradesh High Court | M.A.C.M.A. No.2084 of 2012 | Decided on 10.04.2026
HEAD NOTES
A. Motor Vehicles Act, 1988—Section 163-A—Compensation—Father-in-law of deceased daughter-in-law.
A father-in-law is entitled to maintain a claim for compensation on account of the death of his daughter-in-law if the evidence establishes that he was dependent upon her and is also her legal representative.
Held: Dismissal of the claim merely because the claimant had already received compensation for the death of his son was erroneous.
B. Motor Vehicles Act—Legal Representative—Meaning.
The expression "legal representative" occurring in the Motor Vehicles Act has a wider meaning than under the Fatal Accidents Act and includes every legal representative who suffers loss due to the death of the victim.
Held: Even persons other than spouse, parent or children can maintain a claim if they answer the description of legal representative.
C. Motor Vehicles Act—Dependency.
Dependency is a question of fact to be determined from evidence. Joint residence, financial support and absence of contrary evidence sufficiently establish dependency.
Held: The claimant proved dependency on the deceased daughter-in-law.
D. Motor Vehicles Act—Non-dependent Legal Heir.
Even a non-dependent legal representative is competent to maintain a claim under the Motor Vehicles Act. Dependency affects the quantum of compensation and not the maintainability of the claim.
Held: Right to claim compensation is not confined only to dependants.
E. Motor Accident Claims—Dismissal—Impropriety.
Where evidence regarding dependency remains unrebutted and the Tribunal itself assesses compensation, dismissal of the claim on technical grounds is unsustainable.
Held: Tribunal's order set aside and compensation awarded.
ANALYSIS OF FACTS
The appellant's son and daughter-in-law died in the same motor vehicle accident involving an APSRTC bus. Separate claim petitions were filed in respect of both deaths.
The Tribunal awarded compensation for the death of the son but dismissed the claim relating to the death of the daughter-in-law on the ground that the father-in-law was neither her dependent nor entitled to compensation.
The claimant challenged the dismissal, contending that both the deceased and the claimant lived together as a joint family, that the daughter-in-law contributed to the family income through tailoring and milk business, and that after the death of both his son and daughter-in-law he had no one to support him.
The High Court examined the oral evidence and found that the claimant's dependency was never seriously disputed in cross-examination.
ANALYSIS OF LAW
(i) Meaning of "Legal Representative"
Relying upon Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai, the Court reiterated that the expression "legal representative" under the Motor Vehicles Act is of wider import and cannot be restricted to the categories mentioned in the Fatal Accidents Act.
The object of the legislation is to provide just compensation to every legal representative suffering loss because of the death of the victim.
(ii) Dependency is a Question of Evidence
The Court found that the claimant and the deceased daughter-in-law were living together in a joint family.
Evidence established that she earned income by tailoring and milk supply and contributed to the family.
The respondent failed to challenge the claimant's evidence regarding dependency by effective cross-examination.
Accordingly, dependency stood proved.
(iii) Non-dependent Legal Representatives
Following Montford Brothers of St. Gabriel v. United India Insurance Co. Ltd. and the Full Bench decision in Dr. Gangaraju Sowmini v. Alavala Sudhakar Reddy, the Court held that even a non-dependent legal representative is entitled to maintain a claim.
Dependency is relevant only while assessing compensation and does not affect the right to institute the proceedings.
(iv) Entitlement to Compensation
The Tribunal had already assessed the compensation payable at ₹3,65,000.
Once maintainability and dependency were established, there was no legal justification for dismissing the petition.
The claimant was therefore held entitled to the assessed compensation together with interest.
RATIO DECIDENDI
The expression "legal representative" under the Motor Vehicles Act receives a liberal and expansive interpretation consistent with the object of providing just compensation. A father-in-law who establishes that he was dependent upon his deceased daughter-in-law and who answers the description of a legal representative is entitled to maintain a claim for compensation. Even otherwise, a non-dependent legal representative is competent to institute proceedings under the Motor Vehicles Act, dependency being relevant only for determination of compensation and not for maintainability of the claim.
FINAL HOLDING
Appeal allowed.
Judgment of the Motor Accidents Claims Tribunal dismissing M.V.O.P. No.327 of 2009 set aside.
Claim petition allowed.
Claimant held entitled to compensation of ₹3,65,000/-.
Interest awarded at 6% per annum from the date of the petition till realization.
APSRTC directed to deposit the compensation within two months.
No order as to costs.
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