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Brothers of Deceased Bachlor Can Claim Accident Compensation

June 28, 2026 legaldeli

Judgment dated 11.6.2026 of the High Court of Gujarat in R/FIRST APPEAL No.3579 of 2014 of Ahmedbhai Sharaftali Sai and another Vs. Keshubhai Mohanbhai Parmar and others

Brothers of Deceased Can Claim Accident Compensation

Gujarat HC Expands the Interpretation of “Legal Representative” and held that it is not confined to the dependents like spouse, children or parents but includes anyone who represents the estate of the deceased.

Gujarat HC reinforced that dependency or separate residence is not the sole test for claiming accident compensation of brothers for the deceased – bachelor brother.

The deceased victim was bachelor. The brothers of the deceased were living separately and were not dependent on them deceased.

HELD that being the legal representatives, the brothers of the deceased – accident victim & bachelor can claim and file claim petition for accident compensation under the Motor Vehicles Act, under clause [c] of Section 166(1) of the MV Act.

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