Major, Earning Children Entitled To 'Loss Of Dependency' Compensation On Parent's Death In Motor Accident: Jammu & Kashmir High Court

The Jammu & Kashmir and Ladakh High Court has recently ruled that even if children claiming compensation under the Motor Vehicle Act on death of parent are major and earning, they are entitled to claim compensation on the ground of 'loss of dependency'.

The observations were made by Justice M A Chowdhary while hearing appeals arising from the two awards passed by a common judgment by the Motor Accidents Claims Tribunal, Ramban in two separate claim petitions filed by the appellants/claimants.

In the instant matter the claims had arisen from an accident of a vehicle due to alleged rash and negligent driving as a result of which two passengers Zeba Begum and Shahmal Begum were seriously injured and passed away.

The legal heirs of both the deceased filed the claims seeking compensation for their death and the Tribunal after full dressed trial of both the claim petitions passed the impugned award whereby an amount of Rs.1,85,000 and Rs. 3,10,000/ came to be awarded.

The claimants before the High Court argued that the tribunal had not passed the award in accordance with the law and that a meager amount of compensation including an amount of Rs. 50,000/- under "no fault liability" in both the claim petitions was awarded to the claimants. Claimants further argued the loss of dependency had been totally refused by the Tribunal in favour of the appellants/claimants holding that they were not dependents on the deceased, being adults and having their own income.

After considering the contentions raised the Court observed that the tribunal's finding that petitioners in both the claim petitions being major and earning sons were not entitled to compensation was an incorrect view of the matter.

"It is settled law that the legal representatives of the deceased have a right to apply for compensation and it must necessarily follow that even major and earning sons of deceased being legal representatives have a right to apply for compensation and it would be bounded duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependent on deceased or not, to limit the claim towards the conventional head only," the Court said.

The Court said claimants, even being major and earning, at the time of death of their deceased mothers are entitled to the loss of dependency, besides other heads under the conventional heads of loss of estate, funeral expenses and loss of parental consortium.

Im view of the said legal position the the bench allowed the appeal and modified the compensation amount from ₹1,85,000 to ₹5,45,876 and ₹3,10,000 to ₹18,02,000.

Case Title: Jamal Din & Ors Vs New India Assurance.

Citation: 2023 LiveLaw (JKL) 88

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