Single-judge appeal against Motor Accident Claims Tribunal award of nil compensation. Court dismissed appeal relying on Supreme Court precedent excluding brothers as dependent for compensation purposes.
Nil; appellant entitled to no compensation as brother is not a dependent.
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Mac App No.75 of 2015
BEFORE
THE HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI
Present: For the appellant : Mr. R.R. Datta, Advocate. For the respondents : Mr. S.D. Choudhury, Advocate.
18.09.2017.
Heard Mr. R.R. Datta, the learned counsel for the appellant. Also heard Mr. S.D. Choudhury, the learned counsel for the respondent insurer.
This appeal is directed against the judgment dated 1906-2015 passed y the learned Member, Motor Accident Claims Tribunal, West Tripura Judicial District, Agartala in T.S.(MAC) No.22 of 2011 awarding nil award to the appellant.
The appellant is admittedly the younger brother of the deceased Mallika Hari alias Mallika Harijan, who died on 2610-2002 due to the vehicular accident. The question as to whether compensation can be awarded to the brother of the deceased came up for consideration before the Apex Court in Gian Chand and Others versus Gurlabh Singh and Others , reported in (2016) 16 SCC 590 wherein it was held that brothers could not be said to be dependent on the earning of the deceased. In the light of the aforesaid decision of the Apex Court which is binding upon them, I have no authority but to hold that the Tribunal is correct in declining to award compensation to the appellant.
Consequently, this appeal has no merit and is, accordingly, dismissed.
CHIEF JUSTICE
Dipesh
Mac App No.75 of 2015
Page 1 of 1
1 issue framed by the court
Whether compensation can be awarded to the younger brother of the deceased who died in a motor accident given binding precedent that brothers are not dependent on the deceased's earnings.
Colour shows how this judgement treated each authority
Gian Chand and Others versus Gurlabh Singh and OthersRelied on¶8
(2016) 16 SCC 590 · Who else cites this
Heir/Dependent of Mallika Hari
Respondent insurer
T. Vaiphei
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
