VidhiSangh

Supreme Court of India · 12/05/2025

DEEP SHIKHA & ANR. versus NATIONAL INSURANCE COMPANY LTD. & ORS.

[2025] 6 S.C.R. 365 · 2025 INSC 675

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Summary

In a motor accident death claim, the Court held that a married daughter who fails to prove financial dependence on her deceased mother is a legal representative entitled only to the no-fault compensation under Section 140 of the Motor Vehicles Act, but that the deceased's aged mother, who lived with her and had no independent income, was a dependent whose claim the High Court wrongly rejected. Applying Pranay Sethi and Sarla Verma, the Court awarded the mother Rs 19,22,356.

Issues

  1. Whether the married daughter of the deceased, as a legal representative, is entitled to loss-of-dependency compensation or only to compensation under Section 140 of the Motor Vehicles Act, 1988.
  2. Whether the mother of the deceased is a dependent entitled to compensation, and whether Manjuri Bera v. Oriental Insurance Co. Ltd. applies to her.
  3. What compensation is payable to the mother when the Tribunal's computation ignored the heads laid down in Pranay Sethi and Sarla Verma.

Provisions considered

Held

Result

Appeals disposed of. The High Court's order was upheld as regards the compensation to Appellant No. 1 (the married daughter) but set aside insofar as it dismissed the claim of Appellant No. 2 (the mother), who was awarded Rs 19,22,356 as compensation. Pending applications disposed of; interim orders vacated.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 365.