A married daughter may be treated as a dependent for loss-of-dependency compensation.

On 4 April 2019, at approximately 9:30 a.m., the deceased was riding a tricycle carrying waste materials at Ellavur Bazaar, Gummidipoondi, when a car bearing Registration No. TN 03 R 3384 allegedly driven rashly and negligently struck the tricycle. The deceased sustained a grievous head injury and was declared dead while being taken to Government Hospital, Ponneri

The deceased’s daughter, Selvarani, filed a claim petition under the Motor Vehicles Act, 1988. The Insurance Company denied rash and negligent driving by the car driver and alleged contributory negligence on the part of the deceased, including an assertion that he was under the influence of alcohol

The Motor Accidents Claims Tribunal accepted the evidence of the eyewitness, relied on the FIR and insurance policy, and awarded ₹17,82,400 with interest. It assessed the deceased’s notional monthly income at ₹12,000 and applied a multiplier of 11, while awarding ₹40,000 towards loss of consortium

The Insurance Company appealed under Section 173 of the Motor Vehicles Act, 1988.

Whether the accident was caused solely by the rash and negligent driving of the insured car, or whether the deceased was guilty of contributory negligence, including negligence arising from alleged intoxication?

Whether the married daughter of the deceased could be treated as a dependent and awarded compensation for loss of dependency?

Whether the compensation awarded by the Tribunal required modification, particularly with respect to deduction for the deceased’s personal expenses?

The Court exercised appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988. For assessment of motor accident compensation, it applied the principles in Sarla Verma v. Delhi Transport Corporation, concerning the selection of the appropriate multiplier and deduction towards personal expenses, and National Insurance Co. Ltd. v. Pranay Sethi, concerning heads of compensation and conventional amounts

The Court further relied on Saraswathi v. National Insurance Company, CMA No. 2057 of 2018, decided on 10 March 2022, for the principle that a married daughter may, in appropriate circumstances, be regarded as a dependent because familial support is not confined to strict economic dependence

A party alleging contributory negligence or intoxication bears the evidentiary burden of establishing that allegation through reliable evidence.

The Court upheld the finding of negligence against the car driver because the eyewitness, PW2, categorically testified that the car was driven rashly and that the driver suddenly applied the brakes, causing the collision and the deceased’s fatal head injury

The FIR also attributed the accident to the car driver, while the Insurance Company neither examined supporting witnesses nor produced medical records to prove that the deceased was under the influence of alcohol. Accordingly, the plea of contributory negligence was rejected

On dependency, the Court held that the claimant’s status as a married daughter did not automatically exclude her from being treated as a dependent. Following Saraswathi, it recognised that a married daughter may continue to receive familial and financial support from her father

Nevertheless, since the deceased had only one married daughter as claimant, the Court deducted 50% of the assessed income towards the deceased’s personal expenses and awarded 50% of the loss-of-dependency amount. The awards towards consortium and funeral expenses were otherwise considered just and were not interfered with

It held that the married daughter was entitled to compensation as a dependent, but directed a 50% deduction towards the deceased’s personal expenses

The Tribunal’s award was accordingly modified, and the claimant was held entitled to ₹9,11,200 with interest at 7.5% per annum from the date of the claim petition until realisation, with disbursement in accordance with the Tribunal’s directions. No order as to costs was made, and the connected miscellaneous petition was closed