Facts
On 17 April 2017, Kashappa died from injuries sustained while travelling as a passenger in a Maxi Cab.
Source reference: p. 3His wife, two adult sons and married daughter sought compensation.
Source reference: p. 3The Tribunal awarded them Rs. 4,17,896 and fastened liability on the insurer.
Source reference: p. 5–6The insurer appealed, principally contending that the adult sons and married daughter were not dependent on the deceased and should not receive compensation for loss of dependency.
Source reference: p. 5–6Issues
Whether the insurer established that the Tribunal’s compensation award was illegal, particularly its treatment of the deceased’s adult sons and married daughter as dependants.
Source reference: p. 6–7What order should follow.
Source reference: p. 7Law Applied
The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.
Source reference: p. 2On dependency, the Court relied on Seema Rani & Others v. Oriental Insurance Co. Ltd. & Others, 2025 SCC OnLine SC 283, and stated that married daughters and major sons, as legal representatives of the deceased, are considered dependants and may claim compensation for loss of dependency.
Source reference: p. 7Reasoning
The Court noted that the relationship of the claimants to the deceased was undisputed: the first claimant was his wife, the second and third claimants were his adult sons, and the fourth claimant was his married daughter. Applying Seema Rani, it rejected the insurer’s contention that the adult children were not dependants and held that they were entitled to compensation for loss of dependency.
Source reference: p. 7It also reviewed the award under the other heads and found no basis to interfere with it.
Source reference: p. 7Holding
The Court answered the principal issue in the negative, dismissed the insurer’s appeal and confirmed the Tribunal’s judgment and award dated 22 February 2022 in MVC No. 230/2019.
It directed that any amount deposited be transmitted to the Tribunal and that the trial court records be sent back; pending applications were disposed of.
Source reference: p. 8–9Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19881
Original Court PDF
THE DIVISIONAL MANAGERvsSMT. LAXMIBAI W/O KASHAPPA BADIGER
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