Married Daughters Can Claim Full Compensation In Motor Accident Compensation: Allahabad HC

Last Updated:August 12, 2025, 01:51 IST

The Allahabad HC dismissed appeals by the Uttar Pradesh government challenging compensation awarded to a woman after the deaths of her father and brother in a 2009 road accident

In upholding the compensation awards, the Allahabad HC directed the state to release the money within 60 days, including any outstanding sums and interest. (Image for representation)

The Allahabad High Court has ruled that married daughters can claim full compensation in motor accident cases, even if they are not financially dependent on the deceased.

The high court dismissed appeals by the Uttar Pradesh government challenging the compensation awarded to a woman after the deaths of her father and brother in a 2009 road accident.

The bench of Justice Jaspreet Singh examined precedents including the Supreme Court’s judgments in Manjuri Bera v Oriental Insurance Co Ltd and more recent rulings such as National Insurance Co Ltd v Birender. It held that entitlement to compensation does not hinge solely on financial dependency.

“It would be anomalous to state that a person may lose a dear one and merely because the legal representative is not dependent, he or she would be confined to the no-fault liability amount… This would be a travesty of justice," Justice Singh observed.

In upholding the compensation awards, the court directed the state to release the money within 60 days, including any outstanding sums and interest.

The tragedy occurred on April 24, 2009, when Aftab Husain and his son Tanveer Husain were travelling on a motorcycle near Bahad Gram Khushalganj in Kakori, Lucknow. Their motorcycle was hit by a truck allegedly driven in a rash and negligent manner.

Both father and son suffered grievous injuries and were rushed to the Trauma Centre at the Medical College in Lucknow. Aftab died on the day of the accident, while Tanveer succumbed to injuries a week later.

Tabassum, the only surviving legal heir, filed two separate claims for compensation. The Motor Accident Claims Tribunal awarded her Rs 2,13,200 for her father’s death and Rs 1,60,400 for her brother’s, each with 6 percent annual interest.

The state government, however, contested these awards arguing that as a married daughter, Tabassum was not financially dependent on her father or brother. It maintained that she was entitled only to the Rs 50,000 no-fault compensation under Section 140 of the Motor Vehicles Act, 1988.

Further, the court noted that the claim of financial independence should not preclude full compensation. It pointed out that some earlier rulings, including Deep Shikha v National Insurance Co Ltd, had overlooked binding precedents that affirm the rights of legal heirs to claim compensation regardless of their dependency status. The court clarified that while dependency can affect the amount awarded, it cannot limit the right to claim compensation.

The judgment also took into account the claimant’s specific circumstances. Tabassum had submitted evidence that her husband worked abroad in Dubai and she was receiving support from her father and brother. The tribunal had accepted this, recognising at least partial dependency.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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August 12, 2025, 01:51 IST

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