Married Sister Can Be Dependent For Claiming Motor Accident Compensation: Karnataka High Court
The Karnataka High Court recently said that in Indian social context, it is not uncommon for daughters and sisters, even after marriage, to maintain a close relationship with their parental family. The earning member of the family often contributes towards their welfare and social needs, it added. "Therefore, their right to claim compensation cannot be denied merely on the ground of their...
The Karnataka High Court recently said that in Indian social context, it is not uncommon for daughters and sisters, even after marriage, to maintain a close relationship with their parental family.
The earning member of the family often contributes towards their welfare and social needs, it added.
"Therefore, their right to claim compensation cannot be denied merely on the ground of their marital status," said Justice Umesh M Adiga while dismissing an appeal filed by the Insurer against an order of the Motor Accidents Claims Tribunal.
The impugned order was passed following demise of Prem Prakash Menezes in an accident with a negligently driven bus.
Prem, 44, was unmarried and earning ₹500 per day as a coolie. The claim petition filed by his brother and married sisters was allowed by the Tribunal, which awarded ₹10,60,000 as compensation.
The insurer argued that the claimant-sisters were married, residing in their respective matrimonial homes and can't be considered as legal heirs or dependents of the deceased; they may be entitled to 'loss of estate' but not to 'loss of dependency'.
The sisters on the other hand argued that merely residing in their matrimonial homes cannot be a ground to conclude that they were not dependent on the earnings of the deceased. They claimed that the deceased used to contribute to the maintenance of his brothers and sisters, and no contrary evidence has been adduced by the respondent-insurer.
The Court observed that there was no contra evidence to disbelieve the sisters' version, except plain denial by the insurer.
It then referred to National Insurance Company Ltd. vs. Birendar and others, (2020) where the Apex court held that even married sons, daughters, brother and sisters can be considered as dependents.
It thus rejected insurer's appeal.
Appearance: Advocate Lakshmi Narasappa for Advocate A M Venkatesh for Appellant; Advocate B.S Sachin for R1 TO R3.
Citation No: 2025 LiveLaw (Kar) 391
Case Title: THE NATIONAL INSURANCE COMPANY LTD ANd GEORGE MENEZES & Others
Case No: MISCELLANEOUS FIRST APPEAL NO. 3886 OF 2020 (MV-D) C/W MISCELLANEOUS FIRST APPEAL NO. 4216 OF 2020