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Issues: (i) Whether a legal representative of a deceased victim, though not dependent on the deceased, can maintain a claim petition under Section 166 of the Motor Vehicles Act, 1988; (ii) Whether such a claimant is entitled to compensation and, if so, whether the amount can be less than the statutory no-fault liability under Section 140 of the Motor Vehicles Act, 1988.
Issue (i): Whether a legal representative of a deceased victim, though not dependent on the deceased, can maintain a claim petition under Section 166 of the Motor Vehicles Act, 1988.
Analysis: The expression "legal representative" in Section 166 is of wide import and is not confined to dependants alone. A claim in the case of death may be made by all or any of the legal representatives, and the proviso contemplates proceedings even where all such representatives have not joined. The right to apply is therefore distinct from the question of ultimate entitlement.
Conclusion: Yes. A legal representative, including a non-dependent legal representative, can maintain the claim petition under Section 166.
Issue (ii): Whether such a claimant is entitled to compensation and, if so, whether the amount can be less than the statutory no-fault liability under Section 140 of the Motor Vehicles Act, 1988.
Analysis: Compensation under the Act is to be determined on the basis of entitlement and the nature of the claim. Dependency is relevant to quantification under the multiplier method, but the absence of dependency does not extinguish the claim altogether. The statutory no-fault liability under Section 140 survives independently and represents a minimum amount payable in such cases. Accordingly, where the claimant is a legal representative, compensation cannot be below the amount flowing from Section 140.
Conclusion: Yes. The claimant is entitled to compensation, and the amount cannot be less than the statutory liability under Section 140.
Final Conclusion: The appeal succeeds to the extent that the claimant's status as a non-dependent legal representative does not defeat the claim, and compensation must be awarded at least at the level of the statutory no-fault amount.
Ratio Decidendi: In a motor accident death claim, the right of a legal representative to maintain proceedings is distinct from dependency-based quantification, and a non-dependent legal representative remains entitled to at least the statutory no-fault compensation.
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