Married Daughters Entitled To Motor Accident Compensation For Parent’s Death; Can’t Discriminate Between Sons & Daughters

Case: Reliance General Insurance Company Limited V Gangappa SO. Chinnappa Saunshi

Coram: Justice H P Sandesh

Case No.: Miscellaneous First Appeal No. 102868 Of 2014

Court Observation: “This Court also cannot make any discrimination whether they are married sons or married daughters and hence, very contention that married daughters of deceased are not entitled for compensation cannot be accepted and the Court has to take note of the rationale behind in coming to the conclusion of even married sons and major sons are eligible to claim compensation and hence the married daughters also entitle for  compensation on all the heads and not to limit only for conventional heads.”

“When the insurance company has failed to elicit any negligence on the part of the driver of the tempo in the evidence of PW.1 and also in the cross examination of PW.2, the question of the Tribunal coming to the conclusion of contributory negligence does not arise.”

“In order to substantiate the said contention except eliciting answers from cross-examination of PW1 that the deceased might have been six years younger to him, nothing is on record and the Court has to take note of the age of the deceased based on documentary evidence.”

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