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Compensation – Claim for Loss of Dependency by major son & daughter not dependent on the income of deceased mother

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The husband Ravikiran and son Tejas filed motor accident claim petition for compensation for the death of Shrubala on 9.2.2012.  During the pendency of the petition, Ravikiran died and the petition is prosecuted by son Tejas and daughter Urjja of the deceased.

The Tribunal awarded compensation of Rs.42,27,824/-.  

The Insurer contended that major son and daughter who are not dependent o the income of the deceased cannot claim loss of dependency and also cannot file claim petition.

HELD that the major married and earning sons have right to apply for compensation and it is the bounden duty of the Tribunal to consider the claim irrespective of the fact whether the legal heirs were fully dependent on the deceased and not to limit the claim towards conventional heads only.   Even in the absence of appeal by the claimants, it is the duty of the Court to assess just and fair compensation. The Tribunal did not consider the head of “future prospects” for the compensation.   The age of the deceased was 52 years, the salary was Rs.46,623/- and 15% of such income has to be added on the count of future prospects.  

Judgment dated 28.4.2025 of the High Court of Bombay in First Appeal No.3325 of 2017 with C.A. No.4492 of 2018 of The Reliance General Insurance Company  Vs. Tejas Ravikiran and others

 

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