(S.A. Bobde and L. Nageswara Rao, JJ.)
Chandra Kala Sharma ________________________________ Petitioner
v.
Mohd. Naushad & Anr. ___________________________ Respondent(s)
Special Leave Petition (Civil) Diary No(s). 15987/2018, decided on July 9, 2018
(With IA No. 71296/2018-Condonation of Delay in Filing and IA No. 71297/2018-Exemption From Filing O.T.)
The Order of the court was delivered by
Order
1. Delay condoned.
2. We are not inclined to entertain this special leave petition filed on behalf of the Sister of the deceased who got herself impleaded after the death of the widow of the deceased. Learned counsel for the petitioner relied upon a judgment of this Court in the case of Manjuri Bera (Smt.) v. Oriental Insurance company Ltd. (2007) 10 SCC 643. This Court held that any legal representative of the deceased may become entitled to compensation. Any such representative can file a claim petition. We are in of this Court. However, the above case only deals with the applicability of any legal representative to claim compensation. It does not lay down the proposition that even if a claimant has not suffered any loss since he was not dependent on the deceased, he/she is still entitled to compensation.
3. In the present case there is no evidence that the sister was dependent vide judgment of this Court in the case of Sarla Verma (smt.) v. Delhi Transport Corporation (2009) 6 SCC 121.
4. The special leave petition is dismissed accordingly.
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 15987/2018
Chandra Kala Sharma ________________________________ Petitioner
v.
Mohd. Naushad & Anr ____________________________ Respondent(s)
(WITH IA No. 71296/2018-CONDONATION OF DELAY IN FILING and IA No. 71297/2018-EXEMPTION FROM FILING O.T.)
Date: 09-07-2018 This petition was called on for hearing today.
(Before S.A. Bobde and L. Nageswara Rao, JJ.)
For Petitioner(s) Mr. Samir Malik, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
ORDER
5. We are not inclined to entertain this special leave petition filed on behalf of the Sister of the deceased who got herself impleaded after the death of the widow of the deceased. Learned counsel for the petitioner relied upon a judgment of this Court in the case of Manjuri Bera (Smt.) v. Oriental Insurance company Ltd. (2007) 10 SCC 643. This Court held that any legal representative of the deceased may become entitled to compensation. Any such representative can file a claim petition. We are in of this Court. However, the above case only deals with the applicability of any legal representative to claim compensation. It does not lay down the proposition that even if a claimant has not suffered any loss since he was not dependent on the deceased, he/she is still entitled to compensation.
6. In the present case there is no evidence that the sister was dependent vide judgment of this Court in the case of Sarla Verma (smt.) v. Delhi Transport Corporation (2009) 6 SCC 121.
7. The special leave petition is dismissed accordingly.
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