AI Overview...
- Married Daughter - Whether a married daughter is considered a dependent eligible for compensation in motor accident claims.
Main points: Several judgments affirm that a married daughter can be regarded as a dependent and thus entitled to claim compensation under Section 166 of the Motor Vehicles Act, 1988. For example, courts have held that even married daughters, especially if dependent on the deceased, qualify as legal representatives (e.g., Shabana Sajid Shaikh vs Ibrahim Ismail Shaikh - Bombay, UNITED INDIA INSURANCE CO., LTD., SALEM Vs vijay @ vijayendran - Madras, Glory Bai VS S. K. A. Noorjakan Beevi - Madras). Conversely, some cases emphasize dependency based on actual reliance on the deceased’s income, considering independence or earning capacity (e.g., National Insurance Company Rep. by its Divisional Manager VS Udayagiri Sumathi And Others W/o. Late Udayagiri Venkataiah - Andhra Pradesh, New India Assurance Co. Ltd. rep. by its Divisional Manager, Dindigal, Tamil Nadu State VS Vasireddy Sujatharani - Andhra Pradesh, N. JAYASREE VS CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. - Supreme Court, State of Assam and others VS Nalni Kanta Doloi - Gauhati). - Dependency and Legal Representation - The courts generally recognize married daughters as dependents if they relied on the deceased’s income or were financially dependent, regardless of marital status, provided dependency is established.
Insights: The dependency status depends on facts such as dependency on the deceased, age, earning capacity, and marital status. Courts have also discussed deductions for personal expenses, which vary based on individual circumstances (UNITED INDIA INSURANCE CO., LTD., SALEM Vs vijay @ vijayendran - Madras, Gangaraju Sowmini VS Alavala Sudhakar Reddy - Andhra Pradesh, N. JAYASREE VS CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. - Supreme Court, State of Assam and others VS Nalni Kanta Doloi - Gauhati). - Main Conclusion: Married daughters are typically considered dependents and entitled to compensation if they prove dependency on the deceased. The legal position is supported by various High Court judgments and Supreme Court rulings that recognize dependency based on actual financial reliance, not solely marital status.
References: - Shabana Sajid Shaikh vs Ibrahim Ismail Shaikh - Bombay
- UNITED INDIA INSURANCE CO., LTD., SALEM Vs vijay @ vijayendran - Madras
- Glory Bai VS S. K. A. Noorjakan Beevi - Madras
- National Insurance Company Rep. by its Divisional Manager VS Udayagiri Sumathi And Others W/o. Late Udayagiri Venkataiah - Andhra Pradesh
- New India Assurance Co. Ltd. rep. by its Divisional Manager, Dindigal, Tamil Nadu State VS Vasireddy Sujatharani - Andhra Pradesh
- N. JAYASREE VS CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD. - Supreme Court
- State of Assam and others VS Nalni Kanta Doloi - Gauhati
Search Results for "Married Doughter Depends or Not Motor Accident"
2006 0 Supreme(AP) 965 • India - Andhra Pradesh
L.NARASIMHA REDDY
as if the appellant herein was un-married by the time she is said to have been married in the By that time, she was married to a ... Motor Vehicles Act, 1988 – Section173 – Motor Accidents Claims Tribunal – Compensation of Claim – Appeal ... person by name and had two children According to her died She states that was not married by that time –Held, appellant submits ... Rao executed a Will dated 15/09/1997, in her favour and died in an acc....
2024 0 Supreme(AP) 327 • India - Andhra Pradesh
RAVI NATH TILHARI, NYAPATHY VIJAY
Act after the death of a police officer in a motor vehicle accident caused by negligent driving. ... sons can claim compensation, emphasizing a liberal interpretation of legal representation in motor vehicle accident claims. ... Issues: Whether the married daughter and major son are legal representatives entitled to claim compensation ... Sometimes, brothers and sisters will not be considered as dependents because they may either be independent or earning or #HL_STAR....
• India - Bench at Aurangabad
S. G. CHAPALGAONKAR, J
after the death of a breadwinner in a motor vehicle accident, and the court's determination of rightful dependency based on the ... The main issues pertain to whether the sister of the deceased relied on his income, concluding that the widow and minor daughter, ... The judgment discusses the apportionment of compensation under Section 166 of the Motor Vehicles Act, 1988, concerning claims made ... The aggrieved appellants / wife and minor daughter of the deceased - Sajid are challenging a common judgmen....
2011 0 Supreme(AP) 14 • India - Andhra Pradesh
B.SESHASAYANA REDDY, P.DURGA PRASAD
deceased who was married few months after the death is a dependant eligible for compensation for the death in motor vehicle accident ... (Para 8) ... C) MOTOR VEHICLES ACT, 1988, Section 166:- Daughter of the ... in appeal filed by the insurance company against the compensation award, pray;er for enhancement of compensation is not maintainable ... The names of Valluri Venkataramana and Ganta Ravindra mentioned in the Inquest report are not my relations. I ma....
• India - Madras High Court
Honourable Ms.Justice V.M.VELUMANI
MOTOR ACCIDENT - COMPENSATION - QUANTUM - DEDUCTION OF FAMILY PENSION - DEPENDENCY - PERSONAL EXPENSES - MULTIPLIER - EXCESSIVE ... The percentage of deduction for personal expenses cannot be governed by a rigid rule or formula of universal application and depends ... Finding of the Court: The Tribunal held that the accident occurred due to rash and negligent driving by the driver ... In number of cases, it has been held that even married daughter is dependant on the deceased ....
2016 0 Supreme(AP) 95 • India - Andhra Pradesh
R.SUBHASH REDDY, G.CHANDRAIAH, NOOTY RAMAMOHANA RAO
No.AP-07-3173 from Tirupati to Guntur, they met with an accident. ... Motor Vehicles Act - Section 166 - Accidents Claims Tribunal - The appellant/claimant is working as Assistant ... On 29.11.2000, while the claimant, her husband, daughter, mother, maternal aunt and deceased were proceeding in Maruti car bearing ... In this judgment, the Hon’ble Supreme Court has considered the question whether a married daughter, not dependant on the deceased, is entitled to file a ....
2021 7 Supreme 481 • India - Supreme Court
or earning or married or be dependent on the father – Percentage of deduction for personal expenditure depends upon facts and circumstances ... Venugopalan Nair in a motor vehicle accident which occurred on 20.06.2011. ... Accident Claims Tribunal, Kottayam. ... Sometimes, brothers and sisters will not be considered as dependents because they may either be independent or earning or married or be dependent on the father. The percentage of deduction for personal expendi....
2019 0 Supreme(P&H) 1360 • India - Punjab and Haryana
AVNEESH JHINGAN
Dependency - Motor Accident Claims - Motor Vehicles Act,1988, Section 166, Section 168 Fact of the Case: The claim ... petition filed under Section 166 of the Motor Vehicles Act,1988 was dismissed by the Tribunal due to lack of proof regarding economic ... Finding of the Court: The court analyzed the legal provisions of Sections 166 and 168 of the Motor Vehicles Act,1988 ... The High Court has rightly held that even a married daughter is a legal representative and ....
1981 0 Supreme(Gau) 106 • India - Gauhati
K.LAHIRI, B.L.HANSARIA
MOTOR ACCIDENT - COMPENSATION - UNMARRIED DAUGHTER - PECUNIARY LOSS - GENERAL DAMAGES - LOSS OF COMPANIONSHIP - QUANTUM OF COMPENSATION ... Fact of the Case: An unmarried girl, Renu, aged about 15/16 years, was killed in a motor accident. ... determining the quantum of compensation: (a) the age of the deceased; (b) the fact that she was unmarried and was expected to get married ... Though the husband had married within a year of the accident, this ....
2011 0 Supreme(Mad) 1128 • India - Madras
D.HARIPARANTHAMAN
Parents of a deceased married daughter are entitled to compensation for her death in a road accident as legal representatives ... Fact of the Case: The case involved a road accident in which the entire family of a married daughter, including her ... Whether the parents of a deceased married daughter are entitled to compensation for her death in a road accident as legal representatives ... Furthermore, it was the claim made by the ....
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