InCivil Appeal No. 7920 of 2023 -SC- Supreme Court allows insurance company’s appeal; Says married siblings not dependents of deceased brother
Justice Hrishikesh & Justice Sanjay Karol [04-12-2023]

Read Order: The New India Assurance Company Limited V. Anand Pal &Ors

Chahat Varma

New Delhi, December 11, 2023: In a recent ruling, the Supreme Court has ruled in favour of New India Assurance Company Limited, denying compensation to the married brothers of a deceased victim in a road accident case.

In the case at hand, the focus of the discussion was on the dependency of the deceased victim's brothers, Anand Pal, Satish Kumar, and Sanjay Kumar, who were the claimants in the case.

The Insurance Company contended that the married brothers of the deceased could not be considered dependents entitled to claim compensation, as they were financially independent and had their own families.

On the other hand, the respondents' counsel argued that the deceased victim often visited and had meals with his siblings, indicating a close connection and dependency between them.

However, the division bench of Justice Hrishikesh and Justice Sanjay Karol acknowledged the existence of separate family registers and the independent marital status of the deceased's older, married siblings.

Consequently, the Court concluded that considering these siblings as dependents on the deceased victim's earnings was unlikely, leading to the decision to set aside the compensation awarded to the married siblings by the Motor Accident Claims Tribunal.

In light of these considerations, the Court allowed the appeal by overturning the tribunal's award, as upheld by the High Court, citing the unmerited nature of the compensation granted to the married siblings.