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Delhi High Court: Parents of Road Accident Victims entitled to Compensation

Team SoOLEGAL 19 Jan 2021 3:22pm

Delhi High Court: Parents of Road Accident Victims entitled to Compensation

Justice J.R. Midha of the High Court of Delhi stated that parents at their old age are dependent on their children, both financially and mentally like the children are dependent on their parents at their young childhood days. The parents, who lose their children in a road accident, are entitled to compensation to maintain their financial support in old age.

While hearing a case, where a woman lost her 23-year-old son to a road accident in 2008 and was initially awarded with a compensation of Rs. 2.42 Lakhs. The compensation amount was increased by the Delhi High Court to Rs. 6.82 Lakhs.

According to the Motor Accident Claims Tribunal, the victim died in an accident due to rash and negligent driving of the accused. For this reason, the parents of the victim would not be given any compensation. Compensation can only be given if there is any loss of estate.

In this particular case, the victim’s father was employed under Delhi Police as a sub-inspector and so was not dependant on their son financially. And since, there was an earning member of the family, the mother of the victim was also not financially dependent on their deceased son.

The High Court said that it would be unfair to conclude that in the initial days after the accident, the parents might not need financial support but they would need the same in their old age.

Under Cr.P.C. and Hindu Adoption and Maintenance Act and Maintenance and Welfare of Parents and Senior Citizens Act, parents have legal rights to be maintained by their children at their old age.

The High Court directed to distribute this copy of the judgement to all motor accidents claims tribunal.



Tagged: Delhi High Court   Justice J.R. Midha   road accident   Motor Accident Claims Tribunal   Delhi Police   Senior Citizens Act   legal rights  
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