“This Court docket additionally can not make any discrimination whether or not they’re married sons or married daughters and therefore, the very competition that married daughters of the deceased aren’t entitled for repayment can’t be accredited,” it stated.
The HC unmarried pass judgement on bench of Justice HP Sandesh heard an attraction filed through an insurance coverage corporate difficult the award of repayment to married daughters of 1 Renuka (elderly 57) who was once killed in an coincidence on April 12, 2012 close to Yamanur, Hubballi, in north Karnataka.
Renuka’s husband, 3 daughters and a son had sought repayment. The Motor Twist of fate Claims Tribunal had awarded a repayment of Rs 5,91,600 with six consistent with cent annual pastime to the members of the family.
The insurance coverage corporate had challenged this within the HC contending that married daughters may just no longer declare repayment, and likewise that they weren’t dependents. Subsequently, awarding repayment below the pinnacle ‘lack of dependency’ was once unsuitable. It was once claimed through the insurer that repayment was once to be awarded handiest below ‘lack of property.’
The HC, alternatively, stated that dependency does no longer handiest imply monetary dependency. Although the dependency is a related criterion to say repayment for lack of dependency, “it does no longer imply monetary dependency is the ‘ark of the covenant’.
Dependency contains gratuitous provider dependency, bodily dependency, emotional dependency, and mental dependency, which will by no means be equated when it comes to the cash, it stated.
Different contentions of the insurance coverage corporate together with doubts in regards to the age of the deceased, and her source of revenue had been additionally rejected through the courtroom. A guaranty card for a stitching device bought through the deceased got here in to hand for the Tribunal to calculate her source of revenue at Rs 4,500 per 30 days.
The HC rejected the competition of the insurer that exorbitant repayment have been awarded through the Tribunal, and brushed aside its attraction.