Motor Accident Compensation -- Claim by Legal Representatives Without Financial Dependency -- Legal representative entitled to compensation even without financial dependency on deceased
(i) Motor Vehicles Act, 1988, S.166 -- Motor Accident Compensation -- Claim by Legal Representatives Without Financial Dependency -- Liability to pay compensation does not cease due to absence of financial dependency of the legal representative concerned. Devolution of the estate of the deceased, rather than actual financial dependency, is the relevant consideration for maintainability of a compensation claim by a legal representative. (ii) Motor Vehicles Act, 1988, S.168 -- Motor Accident Compensation -- Entitlement of Children to Parental Consortium -- Consortium is not confined to the surviving spouse and includes spousal, parental and filial consortium. Children of the deceased are entitled to parental consortium compensating loss of parental aid, protection, affection, guidance and society, irrespective of their age or independent status, and denial of this head amounts to manifest error.
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