Summary
The Supreme Court held that major married earning sons could seek motor-accident compensation as legal representatives and were not restricted to conventional heads. On this record they were largely dependent on their mother. Compensation was recalculated using gross salary less tax, future prospects and one-third personal expenses, while excluding her widow’s family pension. Any overlapping Haryana compassionate financial assistance required adjustment if actually receivable, rather than an assumed fifty-percent deduction. Withdrawal was subject to disclosure and indemnity undertakings.
Issues
- Whether the sons’ age and earnings barred dependency compensation and how salary, personal expenses and compassionate financial assistance should affect the award.
Provisions considered
- Section 166(1)(c), Motor Vehicles Act, 1988Major married earning sons remain legal representatives entitled to apply; the Tribunal must assess their claim rather than automatically limit it to conventional heads. (¶¶ 13, 14, 15)
Held
- Absence of full dependency does not bar a legal representative’s claim. These sons earned modest agricultural-labour income, lived with their mother and were largely dependent on her; a conventional-heads-only award was unwarranted. (¶¶ 14, 15)
- Gross salary less tax was the proper income basis, with 30% future prospects, multiplier 13 and one-third personal-expense deduction on these facts. The family pension payable to the deceased as her husband’s widow was excluded from dependency income. (¶¶ 19, 20, 21, 22)
- Shashi Sharma required adjustment of overlapping pay-and-allowance assistance under the Haryana Rules, rather than an arbitrary fifty-percent deduction. Other protected benefits were distinct. Eligibility and receipt were not established here, so payment required declarations and adjustment of any assistance becoming payable, including the corresponding interest component. (¶¶ 16, 17, 18, 22)
Result
Appeals partly allowed: compensation fixed at Rs.31,96,230 with 9% annual interest from claim filing to payment, subject to adjustment of overlapping Haryana Rules assistance and interest. Withdrawal conditional on affidavit/declaration disclosing past or future assistance and undertaking to indemnify the insurer to that extent. No costs; pending applications disposed of.