Attau Rahman Masoodi, J. - (1.) Heard learned counsel for the appellants and Sri Ashok Mehrotra, learned counsel who has put in appearance on behalf of opposite party no. 1. Notice was sent to respondent no. 2 but it is reported that neither envelope containing the notice nor the Regd. AD has been received back as undelivered. The notice is thus deemed sufficient.
(2.) This appeal filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) seeks to question the correctness of award rendered by Motor Accident Claims Tribunal in MACP No. 49/2012. The award made under Section 166 (1) of the Act is challenged on the sole ground that future prospect of salary of the deceased has not been rightly computed by adding 50% of salary to the amount determined by the Tribunal particularly when the age of deceased was 28 years. It may be noted that the deceased was an unmarried daughter of the appellants. The appellant no. 1 being a self-employed person under the State Government, was held not to be a dependent of the deceased daughter. Mother of the deceased being unemployed was thus treated to be the only dependent of the deceased daughter and entitled to compensation in the facts and circumstances of the case.
(3.) It may be relevant to note that claim under Section 166 (1) of the Act, for the purpose of compensation is to be instituted on behalf of or for the benefit of legal representatives of the deceased and the legal representatives, who have not joined in such an application, shall also be impleaded as respondents to the application.;