Supreme Court of India· 13 May 2025

Under the Motor Vehicles Act, 1988, when is the mother of the deceased treated as a dependent for the purpose of compensation?

DEEP SHIKHA & ANR v. NATIONAL INSURANCE COMPANY LTD. & ORS.

2025 INSC 675
Coram: Sudhanshu Dhulia; K. Vinod Chandran

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Answer

Where she lived with the deceased, had no independent income, and there is no evidence on record to rebut it, she is solely dependent on the deceased. The obligation of a child to maintain their parent in old age is as much of a duty as the obligation of a parent to maintain their child during minority, and the only provider is assumed to have been fulfilling it. Even assuming she was not dependent at the time of the accident, the possibility of future dependency cannot be disregarded.

Headnote

Motor Vehicles Act, 1988 — ss. 140, 166, 168 — Compensation — Loss of dependency — Legal representative — Married daughter — Dependent mother — Motor Vehicles Act, 1988 — ss. 140, 166 — Married daughter — Legal representative without dependency — Held: A married daughter is a legal representative and keeps her Section 140 entitlement, which does not cease to exist in the absence of dependency, but she gets loss of dependency only on proving she was financially dependent on the deceased. (¶13, 14) Motor Vehicles Act, 1988 — ss. 166, 168 — Dependent parent — Future dependency — Held further: A parent who lived with the deceased and had no independent income is a dependent; the obligation of a child to maintain a parent in old age matches the parent's duty during minority, and future dependency cannot be disregarded. (¶15, 16) Motor Vehicles Act, 1988 — s.168 — Just compensation — Heads of award — Held further: A Tribunal that omits loss of future income and estate, funeral expenses and consortium has not applied the Pranay Sethi and Sarla Verma factors; compensation to the mother recomputed at Rs.19,22,356 and the appeals disposed of. (¶18, 19, 20)

In the Court's own words

Paragraph 15However, the High Court erred in setting aside the Tribunal’s award as it relates to Appellant No. 2, the mother of the deceased. Appellant No. 2 was aged about 70 years of age at the time of the accident resulting in the death of her daughter, the deceased, and was solely dependent on the deceased as she lived with her and had no independent income, there is no evidence on record to rebut the same.

Paragraph 16The obligation of a child to maintain their parent in old age is as much of a duty as the obligation of a parent to maintain their child during minority. The deceased, being the only provider, would be assumed to be fulfilling this obligation, further reinforcing Appellant No. 2’s status as a dependent. Therefore, the untimely demise of the deceased may create difficulties for Appellant No. 2 going forward, resulting in hardship. Even if it is assumed that Appellant No. 2 was not dependent on the deceased at the time of the accident, the possibility of future dependency cannot be disregarded.

Acts & Sections

s.140 Motor Vehicles Act, 1988s.166 Motor Vehicles Act, 1988s.168 Motor Vehicles Act, 1988

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Also decided in this judgment

Under the Motor Vehicles Act, 1988, is a married daughter of the deceased entitled to loss of dependency compensation simply because she is a legal representative?What is the scope of Manjuri Bera v. Oriental Insurance Co. Ltd. in a motor accident claim under the Motor Vehicles Act, 1988?Which heads must a Motor Accident Claims Tribunal take into account when computing compensation under the Motor Vehicles Act, 1988?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections