Parents & Siblings Of Deceased Christian Man Need Not Be Impleaded In Motor Accident Claim When Lineal Descendants Survive: Kerala High Court

The Court was hearing a motor accident claim appeal challenging the dismissal of a claim petition on the ground that the legal representatives of the deceased parents of the victim had not been brought on record.

A Single Bench comprising Justice Harisankar V. Menon examined the statutory scheme for determining legal representatives in cases where the deceased is a Christian. The Court held that “there was no requirement for the parents of the deceased to join the claim petition with reference to the provisions of Section 166(1)(c) of the Act read with Rule 2(k) of the Rules” and that consequently, upon their death, “there was no requirement for the surviving children of the parents of the deceased to be impleaded in the claim petition.”

Advocate V. Suresh represented the petitioners, while Advocate P.C. Chacko represented the respondents.

Background

The deceased had passed away following a road accident involving a KSRTC bus. His wife and three children instituted a claim petition seeking compensation. The deceased's parents were also impleaded as claimants during the pendency of the proceedings.

Upon the death of the parents, the Tribunal dismissed an application to record claimants as legal representatives, observing that siblings of the deceased had not been added, and later dismissed the claim petition itself as not maintainable.

The Tribunal had relied on the proposition that the estate of the deceased parents would devolve upon all their surviving children.

Challenging this finding, the claimants contended that under the applicable law governing intestate succession for Christians, only the widow and lineal descendants of the deceased were entitled to inherit his estate, making the Tribunal’s insistence legally unsustainable.

Court’s Observation

The Kerala High Court, upon hearing the matter, examined Section 166(1)(c) of the Motor Vehicles Act together with Rule 2(k) of the Kerala Motor Vehicles Rules, 1989, noting that a “legal representative” must be one entitled in law to inherit the estate of the deceased.

Since the deceased and the claimants were Christians, the Court underscored that the succession was governed by Part V of the Indian Succession Act, 1925.

Referring to Section 33 of the Act, the Bench held that where a Christian male dies leaving behind a widow and “lineal descendants,” intestate succession is governed exclusively by Section 33(a). The parents or kindred come into the picture only in the absence of lineal descendants under Section 33(b). On this basis, the Court found that the deceased’s parents were not required to be arrayed as claimants in the first place.

The Court further held that the subsequent death of the parents did not create any obligation to implead their surviving children as legal representatives, since they had no statutory entitlement to inherit from the deceased.

The Court distinguished prior decisions relied upon by the Tribunal, holding that they did not apply where succession to a Christian estate is governed by Section 33(a).

Conclusion

The High Court set aside the award that dismissed the claim petition and held that the Tribunal’s approach was contrary to the governing statutory scheme.

The appeal was allowed, and the matter remitted to the Motor Accidents Claims Tribunal for adjudication on merits, with a direction to ensure early disposal.

Cause Title: Devaki & Others v. Managing Director, KSRTC & Others (Neutral Citation: 2025:KER:86092)

Appearances

Appellants: Advocates V. Suresh, G. Sudheer, R. Harikrishnan

Respondents: Advocates P.C. Chacko (Parathanam), P.M.M. Najeeb Khan, Alex Antony Sebastian P.A.

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