Supreme Court: Legal reps can claim motor accident compensation without financial dependency
The case concerns a dispute over the quantum of motor accident compensation awarded to the legal heirs of a deceased pedestrian, specifically addressing the calculation of dependency and the entitlement to 'consortium' damages.
Appellants: Sameem Begum and others (wife and three children of the deceased); Respondents: K. Venkat Swamy and another; Bench: Justice N.V. Anjaria.
- The Court granted leave to appeal.
- The Court addressed the legal principle that legal representatives are entitled to claim compensation under Section 166(1)(c) of the Motor Vehicles Act, 1988, regardless of actual financial dependency.
- The Court discussed the heads of 'spousal consortium', 'parental consortium', and 'filial consortium' as non-pecuniary damages.
- The Court referenced the precedent in Pranay Sethi, which fixed reasonable sums for conventional heads (loss of estate, loss of consortium, funeral expenses) and mandated a 10% enhancement every three years.
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Document details
| Official title | Legal Representatives Can Claim Motor Accident Compensation Even Without Financial Dependency On Deceased : Supreme Court |
| Source body | Supreme Court of India — orders & judgments |
| Reference number | — |
| Status | closed (order) |
| Year | 2026 |
| Closing date | — |
| Documents | 1 |