Daijiworld Media Network - Mumbai

Mumbai, May 30: In a significant ruling aimed at broadening the scope of compensation under motor accident laws, the Bombay High Court has held that a disabled sister of a deceased road accident victim is entitled to compensation as a legal representative, alongside the victim’s widow and children.

Justice Abhay Ahuja delivered the ruling while hearing an appeal arising from a fatal road accident that occurred in May 1991. The court relied on a 2021 judgment of the Supreme Court of India, which held that the term “legal representative” under the Motor Vehicles Act should be interpreted broadly and not be restricted only to spouses, parents, or children.

The case involved the death of Sridhar Shetty, who was killed in a collision involving a motorcycle and a bus operated by the Maharashtra State Road Transport Corporation. Following his death, his wife Vishala Shetty and their two minor children approached the Motor Accident Claims Tribunal (MACT) seeking compensation.

The tribunal had earlier held the bus driver negligent but also attributed contributory negligence to the deceased motorcyclist, resulting in a reduced compensation award of Rs 1.9 lakh.

However, the High Court disagreed with that conclusion after examining witness testimony and documentary evidence. A passenger travelling in the bus had testified that the vehicle was being driven at excessive speed and struck the motorcycle while attempting to overtake. The court noted that this account was supported by the post-mortem report and spot panchnama, which contradicted the version presented by the bus driver.

Setting aside the tribunal's finding of contributory negligence, Justice Ahuja concluded that the accident occurred solely due to the negligence of the bus driver.

The court also addressed the question of whether the deceased's disabled sister could be considered a legal representative under Section 166 of the Motor Vehicles Act. Rejecting objections raised by the transport corporation, the judge observed that the legislation is welfare-oriented in nature and must be interpreted liberally to ensure compensation reaches all persons genuinely affected by the victim’s death.

Referring to the Supreme Court's precedent, the court held that every legal representative who suffers loss due to a fatal motor accident is entitled to seek compensation, irrespective of whether they fall within the traditionally recognised categories of spouse, parent, or child.

As a result, the High Court recognised the deceased's disabled sister as a legal representative eligible for compensation and enhanced the total compensation payable to the family from Rs 1.9 lakh to Rs 8.8 lakh, along with interest at nine per cent per annum.

The ruling is expected to strengthen the rights of dependent family members in motor accident compensation cases by reaffirming a broader and more inclusive interpretation of the law.