‘Parents of road accident victims should be compensated’

The Delhi High Court said parents are dependent on their children at some stage of their lives and it would be inequitable to deny compensation to those who lost their ward in a road accident.

Loss of dependency

Justice J.R. Midha made the observations while awarding compensation for loss of dependency to a woman, who lost her 23-year-old son in a road accident in 2008, and enhanced the award amount from ₹2.42 lakh to ₹6.80 lakh.

The court said even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life.

In this case, the motor accident claims tribunal had held that though the accident occurred due to rash and negligent driving of the offending vehicle, the parents of the victim were not entitled to compensation for loss of dependency but only to compensation for loss of the estate.

The tribunal had held that the victim’s father was a Sub-Inspector with the Delhi Police and hence was not dependent upon the deceased.

It had also said the deceased’s mother cannot be said to be dependent as her husband was employed with the Delhi Police.

The court said it was of the view that parents of the deceased are considered in law as dependent on their children, considering that they are bound to support their parents in their old age, when the parents would be unable to maintain themselves.

“...It would therefore be unfair as well as inequitable to deny compensation for loss of dependency to a parent, who may not be dependent on his/her child at the time of accident per se but would become dependent at him or her later age,” the court said.

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Printable version | Mar 3, 2021 2:55:01 PM |

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