Skip to main content

Equal right for compensation to mother,father of accident

The Madras High Court bench here today ruled that under Motor Accidents Claims Act, both mother and father of a spinster, who died in a road accident, had equal right to claim compensation.

Justice S Vimala on a compensation case filed by Sivappan, father of Kaliammal who died in an accident, said "the mother of the woman has as much right as the father of the woman in claiming the compensation".

The mother S Parasakthi also could include herself as one of the claimants before the Motor Accident Claims Tribunal, the Judge said.

Parasakthi was added as a claimant along with other legal heirs only after the death of Sivbappan. "Even at the time when the petition was filed claiming compensation, unfortunately, the mother, though alive, had not been added as a legal heir of the deceased", the judge said.

Only after the death of Sivappan, Parasakthi had been brought on record as legal heir of her deceased husband.

The mother of the deceased ought to have been on record already in the capacity as legal heir. Therefore, the major amount of compensation had to be paid only to Parasakthi, the judge said.

The judge pointed out that the accident had occurred when the victim was travelling in a trailer attached to a tractor. The driver admitted his negligence and hence a tribunal in Sankarankovil had on April 31, 2002 directed the insurance company to pay a compensation of Rs 2.92 lakh.

The Judge agreed with the insurance company that it was not liable for the driver's mistake of having allowed the woman labourer to travel in the trailer. However, the insurance company should pay the compensation first and then recover it from the tractor owner, the judge said.

The Judge said the tribunal had also wrongly calculated compensation amount by taking the age of the deceased and not that of the claimants under consideration and reduced the amount from Rs.2.92 lakh to Rs.1.84 lakh. Major portion of this should be given to the mother, the judge said.

Article referred: http://www.business-standard.com/article/pti-stories/equal-right-for-compensation-to-mother-father-of-accident-114102500538_1.html

Comments

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...