BABITA SINGH Vs. NEW INDIA ASSURANCE CO. LIMITED

JUDGEMENT

(1.) Leave granted. The claimants, including the wife of the deceased, filed a Claim Petition with respect to a road accident that took place on 8/1/2016, in which Bijoy Singh @ Singha, who was the husband of Smt. Babita Singh @ Singha, died. The claimants were the wife, father, sister and brother of the deceased.

(2.) The Motor Accident Claims Tribunal [in short, "Claims Tribunal"] allowed the Claim Petition vide Award dtd. 7/12/2018, granting a compensation to the tune of Rs.47,90,397.00 along with interest. On challenging the said Award before the High Court, by the impugned order dtd. 7/3/2022, the High Court deducted 50% towards loss of dependency on the pretext that it was only the wife who was the claimant, having no children. The High Court directed to pay a sum of Rs.35,40,301.00, applying the analogy of a Bachelor because the claimant was only the wife and not the children.

(3.) After having heard learned counsel appearing for the parties at length and considering the law laid down by this Court in the case of Sarla Verma and Ors. Vs. Delhi Transport Corporation and Anr. reported in (2009) 6 SCC 121, the analogy as drawn by the High Court is not justified. In view of the foregoing, we allow this appeal and set aside the impugned order passed by the High Court and restore the award passed by the Claims Tribunal.