Married Status of Deceased Governs 1/3 Deduction for Personal Expenses Regardless of Other Surviving Sons

On June 27, 2009, Sanjaybhai Parshottambhai Maradiya and his wife Mitalben were traveling on a motorcycle when a truck (No. GJ-19-T-1417) collided with them due to the truck driver's rash and negligent driving

Both succumbed to their injuries

The mother of the deceased (Shantaben) filed M.A.C.P. No. 164/2009. On September 8, 2014, the Motor Accident Claims Tribunal, Valsad, awarded Rs. 17,31,840/- with 8% interest

The appellant Insurance Company challenged this award, contending that as the claimant had another son and the deceased was married, she was not wholly dependent, and only 20% of the income should have been assessed as dependency, rather than deducting 1/3 for personal expenses

1. Whether the claimant-mother can be considered a dependent of the deceased despite having another surviving son?

2. Whether the Tribunal erred in deducting 1/3 of the deceased’s income toward personal expenses when the deceased was married but his wife also died in the same accident?

The Court applied the statutory provisions of the Motor Vehicles Act regarding the assessment of "just compensation"

It relied on settled legal principles governing the assessment of dependency, specifically the standard formula for personal expense deductions based on the marital status of the deceased at the time of the accident. It adhered to the doctrine that the existence of other siblings does not automatically disqualify a parent from being a legal dependent under motor accident claim jurisprudence

The High Court rejected the Insurance Company's argument that the mother’s dependency should be limited to 20% due to the existence of another son. The Court noted that the deceased was married at the time of the accident; however, since both the husband and wife died in the same mishap, the mother remained a primary legal representative and dependent

The Court reasoned that the Tribunal correctly followed established principles by deducting 1/3 of the income for personal expenses, as the deceased was married. The Court emphasized that the presence of another son does not disentitle the mother from claiming dependency or warrant a reduction in the compensation calculated via the multiplier method

The appeal was dismissed, the impugned judgment and award were upheld, and the Registry was directed to remit the statutory deposit to the Tribunal. No order as to costs was made.