Supreme Court Sets Aside Motor Accident Compensation Awarded To Elder Brothers Of Deceased; Says They Weren't Dependants
Recently, the Supreme Court, in its order dated December 04, rejected the compensation awarded to the brothers (respondents) of the deceased victim under the Motor Vehicles Act, 1988. The Court did not accept that three older married siblings would be dependent on the victim's earnings. Apart from this, the Court also noted that the victim was living separately and not with his...
Recently, the Supreme Court, in its order dated December 04, rejected the compensation awarded to the brothers (respondents) of the deceased victim under the Motor Vehicles Act, 1988. The Court did not accept that three older married siblings would be dependent on the victim's earnings. Apart from this, the Court also noted that the victim was living separately and not with his brothers.
“The siblings of the victim were older and were married with their own respective families. In these circumstances, they being dependent on the victim's earnings is unlikely particularly when the victim resided separately.,” Justices Hrishikesh Roy And Sanjay Karol.
Additionally, the Court also opined that in the absence of evidence to the contrary, brothers and sisters would not be considered dependents because they would either be independent and earning or married or be dependent on the father.
In the present case, the deceased died in an unfortunate vehicular accident. Following this, the respondents filed an application for compensation before the Motor Accident Claims Tribunal, Muzaffarnagar.
The tribunal awarded them a compensation of Rs.30,15,540/- along with a simple interest of 7% per annum. The Insurance Company (appellant) challenged the same before the Allahabad High Court. Before the High Court, the appellant mainly contested that the respondents were the elder brothers of the deceased. Hence, they were not dependent on the deceased.
However, the High Court agreed to the findings and the supporting precedents cited by the Tribunal. In view of this, the Court dismissed the Insurance Company's plea. Thus, the present appeal.
The Top Court, apart from making the above observations, also expressed its reservations at the order passed by the tribunal and the High Court.
“…the Tribunal and the High Court should not have considered the three older married siblings, to be dependent on the deceased victim.”
Against this backdrop, the Court found the compensation awarded to the married siblings unmerited.
Case Title: THE NEW INDIA ASSURANCE COMPANY LIMITED v. ANAND PAL & ORS., Diary No.- 10672 - 2022
Citation : 2023 LiveLaw (SC) 1047
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