Dependent siblings proving common residence and dependency may recover 15% of assessed compensation as loss of estate.

The appeal challenged the award in MVC No. 814/2018 concerning the death of Vasanti, who was struck by a motorcycle on 5 December 2017 and later died from her injuries

The Tribunal awarded ₹88,400, including ₹50,000 as a statutory amount, medical expenses, funeral expenses and loss of estate, finding that the claimants had not established dependency

The claimants appealed for enhancement, relying on evidence of common residence and asserting that they depended on the deceased’s income

The judgment’s narrative describes claimant no. 1 as the deceased’s sister and the other claimants as her nieces, although the cause title describes them as the deceased’s wife and daughters

The insurer disputed dependency

Whether the claimants were entitled to enhancement of compensation, including compensation for loss of estate based on evidence of common residence and dependency

Under Section 166 of the Motor Vehicles Act, a claim for compensation may be pursued by the deceased’s legal representatives.

The Division Bench decision in A. Manavalagan v. A. Krishnamurthy, ILR 2004 KAR 3268, permits dependent siblings to claim compensation under loss of estate where specific evidence establishes common residence and dependency; the court applied a 15% measure of the compensation otherwise awardable in a death claim.

Under National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, future prospects and conventional heads of compensation are assessed in accordance with the applicable principles identified in that decision.

The court accepted the ration card, Aadhaar card and EPF registration card as evidence that the deceased resided with the claimants.

It assessed her income notionally at ₹11,000 per month because no specific evidence established her earnings, and applied 10% future prospects and a multiplier of 9, producing a notional compensation base of ₹13,06,800.

Finding the evidence sufficient to establish common residence and dependency, the court awarded claimant no. 1 15% of that amount, or ₹1,96,020, under loss of estate.

It added ₹40,000 for consortium, ₹15,000 for funeral expenses, and ₹11,000 as the stated 20% increase on conventional heads.

The court enhanced the compensation to ₹2,62,020 for claimant no. 1 and directed the insurer to deposit that amount; the entire compensation, with interest at 6% per annum, was ordered released to her.