The Aurangabad bench of the Bombay High Court has dismissed an appeal filed by an insurance company challenging the Motor Accident Claims Tribunal order regarding compensation for the family of a dead woman.The insurance company had contested the tribunal’s ruling on the grounds that the woman’s adult son and daughter, who were not financially dependent on her, could not claim compensation under the loss of dependency head.advertisementThe case traces back to February 9, 2012, when a 52-year-old woman died in a road accident while travelling with her husband on the Dondaicha by-pass road in Maharashtra’s Dhule district. At the time of her death, the woman was earning a salary of Rs 46,623, which was used as the basis for calculating her compensation.Initially, the woman’s husband and son filed the claim petition. However, the husband died during the pendency of the case, and the petition was subsequently continued by the woman’s son and daughter. The tribunal awarded compensation of Rs 42,27,824, along with an interest rate of 8 per cent per annum, to be paid from the date of the petition’s filing until its realisation.The insurance company, represented by Advocate AS Usmanpurkar, argued that the claimants were not entitled to compensation as they were not financially dependent on the woman, having lived separately and earned their own income at the time of the accident.advertisementHowever, Advocate PC Mayure, representing the claimants, cited Supreme Court rulings which affirmed that adult sons and daughters of a dead person, regardless of their dependency status, are eligible to claim compensation. Additionally, he highlighted that the tribunal had not included the “future prospects” head in its compensation calculation, which warranted a recalculation of the amount.Justice Sandipkumar C More, after hearing both sides, upheld the legal standing that even adult, married, and self-supporting children of a late person have the right to claim compensation as legal representatives, even if they are not financially dependent. As such, the bench dismissed the insurance company’s appeal.”It has now been settled that even major (adults), married and earning children of the deceased in the capacity of legal representatives, have the right to apply for compensation even if they are earning separately and not depending upon the income of the deceased. Therefore, in this aspect, the appeal of the Insurance Company needs to be dismissed,” the court said.Moreover, the bench even recalculated the compensation amount, increasing it to Rs 48,28,247.60, which is to be jointly and severally paid by the insurance company and the insurer, along with the owner/driver of the offending vehicle. in a formal or creative style for better SEO.Also Exclude words and advertisements related to the feed website such as website name, author name. Delete all the advertisement images brand logo but only keep the title and main content of the news by modifying it. You must only respond with the modified content. Block any jump outside of the site adarshnews.com. Basically remove any content or link related to original site. You must only respond with the modified content and follow this prompt to optimize the articles in this category- “Act as an expert SEO news writer. 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The High Court has granted an insurance claim to the adult children of a woman who lost her life in a road rage incident.
