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Parents Of Road Accident Victim Entitled To Compensation

By AT Digital
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NEW DELHI, Jan 17: Parents are dependent on their children at some stage of life and it would be inequitable to deny compensation to those who lost their ward in a road accident, the Delhi High Court has said.

Justice JR Midha said even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.

The high court’s observations came while awarding compensation for loss of dependency to a woman, who lost her 23-year-old son in a road accident in 2008, and enhanced the award amount from Rs 2.42 lakh to Rs 6.80 lakh.

The motor accident claims tribunal had held that though the accident occurred due to rash and negligent driving of the offending vehicle, the parents of the victim were not entitled to compensation for loss of dependency but only to compensation for loss of the estate.

It had held that the victim’s father was working with Delhi Police as a Sub-Inspector and was, therefore, not dependent upon the deceased.

It had also said that his mother cannot be said to be dependent upon the victim as her husband was employed with Delhi Police.

The high court, however, said it was of the view that parents of the deceased are considered in law as dependent on their children, considering that they are bound to support their parents in their old age, when the parents would be unable to maintain themselves. – PTI

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Parents Of Road Accident Victim Entitled To Compensation

NEW DELHI, Jan 17: Parents are dependent on their children at some stage of life and it would be inequitable to deny compensation to those who lost their ward in a road accident, the Delhi High Court has said.

Justice JR Midha said even if parents are not dependent on their children at the time of an accident, they will certainly be dependent, both financially and emotionally, upon them at the later stage of their life, as the children were dependent upon their parents in their initial years.

The high court’s observations came while awarding compensation for loss of dependency to a woman, who lost her 23-year-old son in a road accident in 2008, and enhanced the award amount from Rs 2.42 lakh to Rs 6.80 lakh.

The motor accident claims tribunal had held that though the accident occurred due to rash and negligent driving of the offending vehicle, the parents of the victim were not entitled to compensation for loss of dependency but only to compensation for loss of the estate.

It had held that the victim’s father was working with Delhi Police as a Sub-Inspector and was, therefore, not dependent upon the deceased.

It had also said that his mother cannot be said to be dependent upon the victim as her husband was employed with Delhi Police.

The high court, however, said it was of the view that parents of the deceased are considered in law as dependent on their children, considering that they are bound to support their parents in their old age, when the parents would be unable to maintain themselves. – PTI

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