[MV Act] Parents Living Separately Or At Native Place Entitled To Compensation Upon Ward's Accidental Death: Bombay High Court

The Bombay High Court on Tuesday held that the parents of a person dying in a road accident, if residing separately or at their native place, can still claim compensation as they will be categorised as 'dependents' under the Motor Vehicles Act, 1988.

Single-judge Justice Arun Pendekar rejected the argument of the insurance company - Bajaj Allianz General Insurance Ltd. that the parents of the deceased in the instant case, lived at his native place and thus cannot be said to be dependent and thus cannot file a claim for compensation.

The judge cited the Hindu Succession Act, which provides for certain 'Classes' to inherit the property of a deceased Hindu person and also excludes certain relatives or persons from claiming the said properties.

"Father of the deceased son is not a Class-I heir under the Hindu Succession Act. The father of the deceased is a Class II heir. However, the father who is Class II heir of the deceased is still entitled to claim compensation under the MV. Act on account his dependency on his son," the bench said.

As a general principle, the extent of dependency of the unemployed widow would be highest on account of her age. The dependency of minor children would be lesser than the widow but more than parents, the judge said.

"The parents of the deceased on account of their old age would have lesser dependency as compare to the widow and the children. Any other dependent can also filed a Claim and the dependency of the Claimant would be a matter of fact to be determined by the Tribunal," the judge added.

The arguments of the Insurance Company that the claim cannot be filed by the parents of the deceased as they were staying separate from the deceased in a native village as such were not dependent on the deceased cannot be accepted, the bench underlined. 

"In the ordinary circumstances in the Indian Social system, parents are dependent on their child to take care of them in their old age, irrespective of the fact that they would be staying in the villages/native place away from the son. The parents of the deceased/son are also entitled for filial consortium for loss of love, affection, care and companionship of the deceased child," the bench underscored, while dismissing the appeal filed by the insurance company.

The insurance company had challenged an order of a Motor Accident Claims Tribunal (MACT), which granted Rs 14,14,000 compensation to the widow of the deceased, his two children and also his old parents. 

The deceased died on July 31, 2010, at least six days after he was dashed and run over by a speeding autorickshaw. He had sustained severe injuries and died while being treated. Soon after his death, his family filed claim petitions seeking compensation and their pleas were allowed by the MACT. However, the insurance company objected to the compensation ordered for the old parents on the ground that they lived at the native place or village of the deceased, while the deceased lived in Mulund, Mumbai and thus the parents were not dependent on him.

The argument, was, however, rejected by the Court and the appeal of the insurance company was dismissed.

Appearance: 

Advocate Devendranath Joshi appeared for the Insurance Company.

Advocate TJ Mendon represented the Family.

Case Details: Bajaj Allianz General Insurance Co. Ltd. vs Sunita Virendra Sahani (FA/571/2023)

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