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Compensation – Major sons and married entitled as legal heirs of deceased victim

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On 13.5.5.2015, deceased Dev Raj while travelling on his scooter which collided with the offending bus in rash and negligent manner.   Dev Raj died on the spot.   He was employed in the Punjab State Power Corporation earning more than Rs.50,000/- per month.

Claim of Rs.50 lakhs was filed by the wife, daughter and two sons of the deceased. 

The Tribunal granted compensation of Rs.24,36,155/- taking the income at Rs.23,345/-.  

The Claimants and the Insurance Company filed separate appeals.   The High Court partly allowed, held that major sons and married daughter were not dependent on the deceased for sustenance and therefore, the deduction of 50% was made.

In that context and relying on the earlier decision in the case of National Insurance Company (2020) 11 SCC 356, it was HELD that major married and earning sons of the deceased, being legal representatives, have a right to apply for compensation and the Tribunal must consider the application, irrespective of whether the representatives are fully dependent on the deceased or not.

Civil Appeal No.2323 of 2025 of Seema Rani and others   Vs.  The Oriental Insurance Co. Ltd and others

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