The Supreme Court of India recently ruled that a married daughter is not automatically presumed to be financially dependent on her deceased parents, making her ineligible for loss of dependency compensation unless she can prove dependency. This decision came while resolving an appeal involving compensation for the death of a woman in a road accident involving a Rajasthan Roadways bus.
Case Background
The case originated from a tragic accident on January 26, 2008, where Smt. Paras Sharma lost her life after being hit by a Rajasthan Roadways bus. A compensation claim of ₹54.3 lakhs was filed by her married daughter (Appellant No. 1) and her elderly mother (Appellant No. 2) under the Motor Vehicles Act, 1988.
Read Also:- Non-Public Servant Can Be Convicted For Abetting Offences Under Prevention Of Corruption Act
Initially, the Motor Accident Claims Tribunal (MACT) awarded ₹15.97 lakhs as compensation to the appellants. However, on appeal, the Rajasthan High Court reduced the compensation for the daughter to ₹50,000 and completely dismissed the claim of the elderly mother, citing that neither could be considered dependents of the deceased under the law.
The Supreme Court bench, comprising Justices Sudhanshu Dhulia and K. Vinod Chandran, upheld the High Court’s decision regarding the married daughter but overturned the ruling against the elderly mother.
- Dependency of Married Daughter:
The Court stated, “Once a daughter is married, logical presumption is that she now has rights on her matrimonial household and is also financially supported by her husband or his family, unless proven otherwise.” Relying on the judgment in Manjuri Bera & Anr. vs. Oriental Insurance Co. Ltd. & Anr (2007) 10 SCC 634, the Court clarified that a married daughter may be considered a legal representative but is not entitled to dependency compensation unless she proves actual financial dependency on the deceased. - Dependency of Elderly Mother:
The Supreme Court highlighted that the mother of the deceased was 70 years old, living with the deceased, and had no independent source of income. The Court emphasized that the obligation of a child to support an elderly parent is a significant legal and moral duty. “The obligation of a child to maintain their parent in old age is as much of a duty as the obligation of a parent to maintain their child during minority.” Considering this, the Court held that the mother was indeed a dependent of the deceased and increased her compensation to ₹19,22,356.
Read Also:-SCAORA Urges CJI BR Gavai to Reinstate Adjournment Letter Circulation and Advance Hearing Sequences
The Supreme Court partly allowed the appeal, maintaining the reduced compensation for the married daughter (₹50,000) but restoring and enhancing the compensation for the elderly mother to ₹19,22,356.
This ruling reinforces that while married daughters may be legal representatives under the Motor Vehicles Act, they cannot claim compensation for loss of dependency unless they can prove actual financial dependence on the deceased.
Case Title: DEEP SHIKHA & ANR Versus NATIONAL INSURANCE COMPANY LTD. & ORS.
Appearance:
For Petitioner(s) Mr. Abhishek Gupta, AOR
For Respondent(s) Dr. Meera Agarwal, AOR Mr. Ramesh Chandra Mishra, Adv. Samir Malik, AOR
