Case Law Details
Sonalben Alias Charmiben Hirenbhai Jivani Vs Naranbhai Chananbhai Babariya (Gujarat High Court)
Conclusion: The Hon’ble Gujarat High Court held that Parents would be considered as dependents under Motor Vehicles Act and the compensation awarded to them would be computed on the basis of the income of the deceased for the last three years.
Facts: In present facts of the case, the issue which was to be decided by the Hon’ble High Court was that whether Parents could be considered as dependents of the deceased son under Motor Vehicles Act. In the said case the claim of the Parents was rejected by the Motor Accident Claims Tribunal (Auxiliary) at Gondal.
The Hon’ble High Court observed that in the case of Magma General Insurance Company Limited and others vs. Nanu Ram @ Chuhru Ram and others, reported in (2018) 18 SCC 130, it was observed that the finding of the Tribunal that the parents cannot be treated as dependent would run contrary to the judgment of the Apex Court in the case of Sarla Varma and others vs. Delhi Transport Corporation and another, reported in (2009) 6 SCC 121.
Then reference was made to the Judgment of Indrawati and others vs. Ranbir Singh and others, 2021 ACJ 2156, wherein the Delhi High Court, while appreciating the fact that the deceased-son had died at the age of 23 years and was survived by parents, who had claimed compensation, a question was raised for the consideration as to whether the mother would be entitled to compensation for the death of her son. The Hon’ble Delhi High Court, while observing the case of Mahendrakumar Ramrao Gaikwad vs. Gulabbai Ramrao Gaikwad, reported in 2001 Cri.L.J. 2111 from the Bombay High Court, referred to the ancient scriptures of ‘manu’ to acknowledge the recognition of the rights of aged parents to be maintained by their children even if the children are unable to maintain themselves.
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