VidhiSangh

Supreme Court of India · 13/01/2020

NATIONAL INSURANCE COMPANY LIMITED versus BIRENDER AND ORS.

[2020] 1 S.C.R. 946 · 2020 INSC 34

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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

  1. Whether the sons’ age and earnings barred dependency compensation and how salary, personal expenses and compassionate financial assistance should affect the award.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 946.