NATIONAL INSURANCE CO LTD Vs. SHOBHNABEN MUKESHBHAI PARMAR

JUDGEMENT

(1.) Challenge in these appeals is given to a common judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Bhavnagar (the Tribunal) on 31/12/2018 in Motor Accident Claim Petition Nos. 217 of 2014 and 218 of 2014 (claim petition). The claimants are married daughters of deceased parents, who, on 15/5/2014 were going from Bhavnagar to Surat in a Car bearing registration No. GJ-5-CM-2986. The said car was driven by father - Shamjibhai. It is stated that he was driving the car slowly and on correct side of the road and the mother was the occupant in the said car. It is further stated that while the car was heading forward, a luxury bus No. GJ-5-AZ-2970, being driven in rash and negligent manner and in full speed, dashed with the car. Both got injured and succumbed to the severe injuries.

(2.) The learned Tribunal was pleased to grant compensation as under: <IMG>JUDGEMENT_1884_LAWS(GJH)3_2023_1.jpg</IMG>

(3.) Learned advocate Mr. Sunil B. Parikh for the appellant - insurance company contended that both the claimants, as married daughters, cannot be considered as dependents of the parents and hence, the amount granted under the head of future loss of income / dependency loss, is erroneous and illegal. Learned advocate Mr. Parikh relied upon a decision of Division Bench of this Court, rendered in First Appeal No. 1850 of 2019 in TATA AIG General Insurance Co. Ltd. v. Kunjal Jitendra Joshi with allied matters, on 13/5/2022 and the decision in First Appeal No. 177 of 2011 dtd. 22/2/2017 between Oriental Insurance Co. Ltd. v. Mahadevbhai Gandabhai Koli and 7 and the decision in First Appeal No. 2255 of 2020 between Oriental Insurance Co. Ltd. v. Bipinbhai Muljibhai Padhiyar dtd. 21/12/2022 to contend that married daughters would be entitled to file the petition as heirs and legal representatives but would not be entitled to compensation as they are not dependents on the parents under the head of loss of dependency.