Karnataka High Court Upholds Compensation for Married Sisters in Accident Case

Court rules marital status does not affect dependency claims, awards enhanced compensation to family of deceased

In a landmark judgment, the Karnataka High Court has ruled that married sisters of a deceased individual can be considered dependents for the purpose of claiming compensation under the Motor Vehicles Act, 1988. The case, National Insurance Company Ltd. v. George Menezes, revolved around the tragic death of Prem Prakash Menezes, who succumbed to injuries sustained in a motor vehicle accident in 2017. 

The High Court, presided over by Justice Umesh M Adiga, dismissed the appeal filed by the National Insurance Company Ltd., which challenged the compensation awarded to the siblings of the deceased by the Principal Senior Civil Judge and Addl. MACT, Udupi. The insurance company contended that the married sisters of the deceased could not be considered dependents due to their marital status.

However, the court emphasized the Indian social context, recognizing the continued close familial ties and financial support often provided by an unmarried sibling, even to married sisters. It upheld the Tribunal's decision to award compensation, acknowledging that the deceased contributed significantly to the welfare of his siblings.

The court recalculated the compensation, enhancing it to Rs. 13,05,000, which included amounts for loss of dependency, loss of consortium, and funeral expenses. The decision highlighted that the owner and insurer of the offending vehicle are jointly liable to pay the enhanced compensation within six weeks.

This judgment sets a precedent in recognizing the rights of siblings, regardless of marital status, to claim compensation for the loss of a family member who was a primary provider.

Bottom Line:

Motor vehicle accident - Unmarried deceased - Compensation awarded to brother and sisters as dependants, including married sisters, cannot be denied on the ground of marital status.

Statutory provision(s): Motor Vehicles Act, 1988 Section 166

National Insurance Company Ltd. v. George Menezes, (Karnataka) : Law Finder Doc Id # 2810323