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Married earning children may claim accident compensation
Deccan Herald··17 Aug
The Supreme Court held that major, married and earning children may file a Motor Vehicles Act claim after a parent's death. Justices N Kotiswar Singh and N V Anjaria said the amount depends on proven dependency. In Sameem Begum's appeal the bench added consortium for the widow and three children and raised the award to Rs 12.47 lakh.
Prism
What It Means For You
- If a parent dies in a road accident, adult married children who earn can still file a Motor Vehicles Act claim as legal representatives, though the amount depends on proven dependency.
- Families already in a claim can note the Court added consortium for the widow and each child, taking Sameem Begum's award from Rs 11.01 lakh to Rs 12.47 lakh.
- Anyone named on a claim petition can see consortium treated as a distinct head, with Rs 48400 each after the Pranay Sethi 10 percent revision.
What's Happening
- A Supreme Court bench of Justices N Kotiswar Singh and N V Anjaria delivered the ruling on 14 August 2026 in Sameem Begum and Others versus K Venkat Swamy.
- The Court held that major, married and earning children may maintain a petition under Section 166, with quantum tied to the extent of dependency.
- It directed the insurer to deposit the additional Rs 1.47 lakh with 7.5 percent interest within six weeks of the order.
How Consortium Is Counted After A Parent's Death
- The children in this appeal were aged between 18 and 21, and the Court found they were dependants as well as legal representatives.
- Spousal consortium went to the widow and parental consortium to the three children, applying Magma General Insurance versus Nanu Ram alongside Pranay Sethi.
- Funeral expenses and loss of estate were retained at Rs 15000 each, while loss of dependency was kept at Rs 10.24 lakh in the modified total.
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