Dependent siblings of accident victims too are eligible for compensation, says HC
TNN | Dec 1, 2018, 12.13 AM IST
Chennai: Noting that every legal representative who suffers because of the death of a person due to a motor vehicle accident should have a remedy of compensation, Madras high court has said even brothers and sisters of such person are eligible for compensation if their dependency on the deceased is proved.
It is settled principle that the liberal view must be taken to legal heirs of the deceased who died intestate. If the heirs are mother, married and unmarried sisters, married sister will not be considered as dependent. When there are dependents and non-dependents, only dependents are entitled to compensation, Justice M V Muralidaran said.
In the case on hand, the appellant in her evidence deposed that before the accident the deceased was residing with her and there were no other legal heirs. No contra evidence was adduced by the insurance company to disprove the version of the appellant.
Since the appellant has filed relationship certificate to show that she is the sister of the deceased and in the absence of any other legal heirs, it is to be presumed that the appellant is the only dependent of the deceased. The appellant claimed as living together with the support of deceased being the only legal representative is entitled under personal law to compensation to the extent of loss of estate and to the extent of loss of dependency, the judge added.
TNN | Dec 1, 2018, 12.13 AM IST
Chennai: Noting that every legal representative who suffers because of the death of a person due to a motor vehicle accident should have a remedy of compensation, Madras high court has said even brothers and sisters of such person are eligible for compensation if their dependency on the deceased is proved.
It is settled principle that the liberal view must be taken to legal heirs of the deceased who died intestate. If the heirs are mother, married and unmarried sisters, married sister will not be considered as dependent. When there are dependents and non-dependents, only dependents are entitled to compensation, Justice M V Muralidaran said.
In the case on hand, the appellant in her evidence deposed that before the accident the deceased was residing with her and there were no other legal heirs. No contra evidence was adduced by the insurance company to disprove the version of the appellant.
Since the appellant has filed relationship certificate to show that she is the sister of the deceased and in the absence of any other legal heirs, it is to be presumed that the appellant is the only dependent of the deceased. The appellant claimed as living together with the support of deceased being the only legal representative is entitled under personal law to compensation to the extent of loss of estate and to the extent of loss of dependency, the judge added.
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