On Monday, the Karnataka High Court held that married sisters can qualify as dependents for the purpose of motor accident compensation. Justice Umesh M. Adiga observed that, in many households, adult children continue to share strong socio-economic ties with their parental families, and marital status alone cannot erase such dependency.
The case arose from an appeal filed by an insurer challenging an award passed by the Motor Accidents Claims Tribunal (MACT). The deceased was unmarried and working as a coolie, earning approximately Rs. 500 per day. He died in a collision involving a negligently driven bus. A claim petition was filed by his brother and married sisters, and the Tribunal granted compensation of Rs. 10,60,000.
The Appelllant contended that the married sisters, living in their respective matrimonial homes, could not be treated as legal heirs or dependents of the deceased. At best, they could claim loss of estate but not loss of dependency, as they were no longer financially connected to the deceased.
On the other hand, the Respondent asserted that marriage does not sever the familial relationship or the financial support extended by an earning member. They submitted that the deceased regularly contributed to the welfare of his brothers and sisters, and the insurer had produced no evidence to rebut this assertion.
Justice Umesh M. Adiga noted that the insurer had placed nothing on record, apart from bare denial, to contradict the sister’s statements. The Court emphasised the Indian socio-familial setting, observing that it is common for daughters and sisters, even after marriage, to remain closely connected with and supported by their parental family.
The Court recorded that “their right to claim compensation cannot be denied merely on the ground of their marital status.” It further relied on National Insurance Company Ltd. v. Birendar and others, in which the Supreme Court recognised that married sons, daughters, brothers, and sisters can also be treated as dependents.
Finally, on finding no merit in the insurer’s objections and no evidence undermining the sister's claim of dependency, the Court upheld the MACT's award. The appeal was dismissed, thereby affirming the compensation granted to the brother and married sisters of the deceased.
Case Title: The National Insurance Company Ltd. Vs. George Menezes And Ors.
Case No: IN MFA No. 3886/2020
Coram: Hon'ble Mr. Justice Umesh M Adiga
Advocate for Appellant: Adv. Lakshmi Narasappa, And A.M. Venkatesh
Advocate for Respondent: Adv. B.S.Sachin
Read Judgment @Latestlaws.com
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