FAO-2032-2026 IN THE HIGH COURT OF PUNJAB AND HARYANA (130/1) The Oriental Insurance Company Ltd. Manmohan Sharda and Others CORAM : HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Present: Mr. Puneet Jain for the appellant Ms. I.S. Kooner, for *** AMARINDER SINGH GREWAL, J. (ORAL) 1. The present appeal has been filed by the appellant Company seeking to set aside the Award dated 18.10.2025 passed by the learned Motor Accident Claims Tribunal, Hoshiarp learned Tribunal’) whereby the claim petition filed by respondents No. 1, 2 and 3 claimants on account of the death of Usha Sharda, wife of respondent No.1 in a motor vehicular accident on 18.05.2024, has been allowed. 2. Learned counsel for the appellant the learned Tribunal has erred in law and on facts while passing the impugned award dated 18.10.2025, awarding an excessive compensation of Rs.16,90,200/ with interest @ 7% per annum, as 2026 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision The Oriental Insurance Company Ltd. Versus Manmohan Sharda and Others HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Mr. Puneet Jain, Advocate for the appellant-Insurance Company. Ms. I.S. Kooner, Advocate, for the respondent No.1-caveator. *** AMARINDER SINGH GREWAL, J. (ORAL) The present appeal has been filed by the appellant Company seeking to set aside the Award dated 18.10.2025 passed by the learned Motor Accident Claims Tribunal, Hoshiarpur (hereinafter referred to as ‘the learned Tribunal’) whereby the claim petition filed by respondents No. 1, 2 and 3 claimants on account of the death of Usha Sharda, wife of respondent No.1 in a motor vehicular accident on 18.05.2024, has been allowed. Learned counsel for the appellant the learned Tribunal has erred in law and on facts while passing the impugned award dated 18.10.2025, awarding an excessive compensation of Rs.16,90,200/ with interest @ 7% per annum, as the monthly income of the deceased has been IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-2032-2026(O&M) Date of decision- 21.04.2026 ...Appellant ... Respondents HON'BLE MR. JUSTICE AMARINDER SINGH GREWAL Insurance Company. AMARINDER SINGH GREWAL, J. (ORAL) The present appeal has been filed by the appellant–Insurance Company seeking to set aside the Award dated 18.10.2025 passed by the learned ur (hereinafter referred to as ‘the learned Tribunal’) whereby the claim petition filed by respondents No. 1, 2 and 3 claimants on account of the death of Usha Sharda, wife of respondent No.1 in a motor vehicular accident on 18.05.2024, has been allowed. Learned counsel for the appellant–Insurance Company contends that the learned Tribunal has erred in law and on facts while passing the impugned award dated 18.10.2025, awarding an excessive compensation of Rs.16,90,200/ the monthly income of the deceased has been Insurance Company seeking to set aside the Award dated 18.10.2025 passed by the learned ur (hereinafter referred to as ‘the learned Tribunal’) whereby the claim petition filed by respondents No. 1, 2 and 3- claimants on account of the death of Usha Sharda, wife of respondent No.1 in a Insurance Company contends that the learned Tribunal has erred in law and on facts while passing the impugned award dated 18.10.2025, awarding an excessive compensation of Rs.16,90,200/- the monthly income of the deceased has been SHUBHAM 2026.04.27 16:16 I am the author of this document FAO-2032-2026 arbitrarily assessed at Rs.12,250/ reflected in the record and ought to have been taken on an average basis. Further, the learned Tribunal has wrongly adopted dual in deposition relevant documents indicating lower earnings. Furthermore, the grant of Rs.5,40,000/- towards household services is legally unsustainable as the deceased was a full-time salaried employee, resulting in impermissib Subsequently, it is contended that the learned Tribunal has erred in treating all claimants as dependents, including the married daughter living separately, and despite clear evidence that the husband and major son were financially independent, has wrongly applied deduction of 1/3rd and multiplier method. Consequently, the entire assessment is stated to be based on conjectures and surmises, without proper deductions towards personal expenses, rendering the impugned award excessive and placed on Sushila and Others v. Sudhakar and Another Civil Appeal No.4213 of 2026. 3. Per contra submits that the award passed by the learned Tribunal does not suffer from any irregularity or infirmity, and that the findings recorded therein are well the basis of the material availa contended that no ground is made out for interference in appeals. Reliance has been placed on Laxmidhar Nayak and others v. Jugal Kishore Behera and Others 2018 (1) SC 746 2025 INSC 366 4. I ha with their able assistance. 2026 (O&M) -2- arbitrarily assessed at Rs.12,250/- without considering the inconsistent salary reflected in the record and ought to have been taken on an average basis. Further, the learned Tribunal has wrongly adopted dual in deposition relevant documents indicating lower earnings. Furthermore, the grant of towards household services is legally unsustainable as the deceased time salaried employee, resulting in impermissib Subsequently, it is contended that the learned Tribunal has erred in treating all claimants as dependents, including the married daughter living separately, and despite clear evidence that the husband and major son were financially dependent, has wrongly applied deduction of 1/3rd and multiplier method. Consequently, the entire assessment is stated to be based on conjectures and surmises, without proper deductions towards personal expenses, rendering the impugned award excessive and liable to be modified/reduced. Sushila and Others v. Sudhakar and Another Civil Appeal No.4213 of Per contra, learned counsel for respondent Nos.1, 2 and 3 submits that the award passed by the learned Tribunal does not suffer from any irregularity or infirmity, and that the findings recorded therein are well the basis of the material available before the learned Tribunal. It is accordingly contended that no ground is made out for interference in appeals. Reliance has been Laxmidhar Nayak and others v. Jugal Kishore Behera and Others 2018 (1) SC 746 and Sunita v. Vinod Singh and Oth 2025 INSC 366 I have heard learned counsel for the parties and examined the record, with their able assistance. without considering the inconsistent salary reflected in the record and ought to have been taken on an average basis. Further, the learned Tribunal has wrongly adopted dual income parameters and ignored the deposition relevant documents indicating lower earnings. Furthermore, the grant of towards household services is legally unsustainable as the deceased time salaried employee, resulting in impermissible dual compensation. Subsequently, it is contended that the learned Tribunal has erred in treating all claimants as dependents, including the married daughter living separately, and despite clear evidence that the husband and major son were financially dependent, has wrongly applied deduction of 1/3rd and multiplier method. Consequently, the entire assessment is stated to be based on conjectures and surmises, without proper deductions towards personal expenses, rendering the liable to be modified/reduced. Reliance has been Sushila and Others v. Sudhakar and Another Civil Appeal No.4213 of , learned counsel for respondent Nos.1, 2 and 3-claimants submits that the award passed by the learned Tribunal does not suffer from any irregularity or infirmity, and that the findings recorded therein are well-reasoned on ble before the learned Tribunal. It is accordingly contended that no ground is made out for interference in appeals. Reliance has been Laxmidhar Nayak and others v. Jugal Kishore Behera and Others Sunita v. Vinod Singh and Oth ve heard learned counsel for the parties and examined the record, without considering the inconsistent salary reflected in the record and ought to have been taken on an average basis. Further, come parameters and ignored the deposition relevant documents indicating lower earnings. Furthermore, the grant of towards household services is legally unsustainable as the deceased le dual compensation. Subsequently, it is contended that the learned Tribunal has erred in treating all claimants as dependents, including the married daughter living separately, and despite clear evidence that the husband and major son were financially dependent, has wrongly applied deduction of 1/3rd and multiplier method. Consequently, the entire assessment is stated to be based on conjectures and surmises, without proper deductions towards personal expenses, rendering the Reliance has been Sushila and Others v. Sudhakar and Another Civil Appeal No.4213 of claimants submits that the award passed by the learned Tribunal does not suffer from any reasoned on ble before the learned Tribunal. It is accordingly contended that no ground is made out for interference in appeals. Reliance has been Laxmidhar Nayak and others v. Jugal Kishore Behera and Others Sunita v. Vinod Singh and Others ve heard learned counsel for the parties and examined the record, SHUBHAM 2026.04.27 16:16 I am the author of this document FAO-2032-2026 5. In view of the rival submissions, the following issues arise for consideration before this Court: (i) whether the grant of compensation towards household ser the income of the deceased, amounts to impermissible double compensation; and (ii) whether the claimants, namely the husband, a major earning son, and a married daughter, could be treated as dependents for the purpose of computation of compensation. 6. The contention of the appellant compensation towards household services, in addition to the income of the deceased, amounts to impermissible double compensation, does not merit acceptance. The concept where the deceased is a non multifaceted contribution made by an individual towards the family unit, which remains uncompensated in monetary terms. Even gainfully employed, contributes substantially in terms of domestic management, care, emotional support and other intangible services, the loss of which cannot be ignored while assessing just compensation. The learned Tribunal be said to have committed any illegality in awarding a reasonable amount under this head, as the same is in consonance with the principle of awarding “just and fair compensation” under the Motor Vehicles Act. T household services in addition to income does not amount to impermissible double compensation instead, it acknowledges the multifaceted contributions of individuals to their families, both in terms of income and non Reliance can be p 2026 (O&M) -3- In view of the rival submissions, the following issues arise for consideration before this Court: whether the grant of compensation towards household ser the income of the deceased, amounts to impermissible double compensation; and (ii) whether the claimants, namely the husband, a major earning son, and a married daughter, could be treated as dependents for the purpose of computation f compensation. The contention of the appellant–Insurance Company that the grant of compensation towards household services, in addition to the income of the deceased, amounts to impermissible double compensation, does not merit acceptance. The concept of “household services” is not confined merely to cases where the deceased is a non-earning housewife; rather, it encompasses the multifaceted contribution made by an individual towards the family unit, which remains uncompensated in monetary terms. Even gainfully employed, contributes substantially in terms of domestic management, care, emotional support and other intangible services, the loss of which cannot be ignored while assessing just compensation. The learned Tribunal be said to have committed any illegality in awarding a reasonable amount under this head, as the same is in consonance with the principle of awarding “just and fair compensation” under the Motor Vehicles Act. T household services in addition to income does not amount to impermissible double compensation instead, it acknowledges the multifaceted contributions of individuals to their families, both in terms of income and non Reliance can be placed on judgment rendered by Hon’ble Supreme Court in In view of the rival submissions, the following issues arise for whether the grant of compensation towards household services, in addition to the income of the deceased, amounts to impermissible double compensation; and (ii) whether the claimants, namely the husband, a major earning son, and a married daughter, could be treated as dependents for the purpose of computation Insurance Company that the grant of compensation towards household services, in addition to the income of the deceased, amounts to impermissible double compensation, does not merit of “household services” is not confined merely to cases earning housewife; rather, it encompasses the multifaceted contribution made by an individual towards the family unit, which remains uncompensated in monetary terms. Even a working woman, despite being gainfully employed, contributes substantially in terms of domestic management, care, emotional support and other intangible services, the loss of which cannot be ignored while assessing just compensation. The learned Tribunal, therefore, cannot be said to have committed any illegality in awarding a reasonable amount under this head, as the same is in consonance with the principle of awarding “just and fair compensation” under the Motor Vehicles Act. The grant of compensation f household services in addition to income does not amount to impermissible double compensation instead, it acknowledges the multifaceted contributions of individuals to their families, both in terms of income and non-pecuniary services. laced on judgment rendered by Hon’ble Supreme Court in Arun vices, in addition to the income of the deceased, amounts to impermissible double compensation; and (ii) whether the claimants, namely the husband, a major earning son, and a married daughter, could be treated as dependents for the purpose of computation Insurance Company that the grant of compensation towards household services, in addition to the income of the deceased, amounts to impermissible double compensation, does not merit of “household services” is not confined merely to cases earning housewife; rather, it encompasses the multifaceted contribution made by an individual towards the family unit, which a working woman, despite being gainfully employed, contributes substantially in terms of domestic management, care, emotional support and other intangible services, the loss of which cannot be , therefore, cannot be said to have committed any illegality in awarding a reasonable amount under this head, as the same is in consonance with the principle of awarding “just and fair he grant of compensation for household services in addition to income does not amount to impermissible double compensation instead, it acknowledges the multifaceted contributions of pecuniary services. Arun SHUBHAM 2026.04.27 16:16 I am the author of this document FAO-2032-2026 Kumar Agrawal and Another v. National Insurance Company and Others, AIR 2010 SC 3426. 7. Equally untenable is the argument raised by the appellant with regard to absence of dependency on the part of the claimants. It is well settled that the concept of “dependency” under the Motor Vehicles Act is not to be construed in a narrow or pedantic man even if earning, does not cease to be a dependent in the broader sense, particularly in the Indian socio systems operate beyond strict fina cannot be excluded from the ambit of compensation solely on the ground of her marital status or separate residence. The law has consistently evolved to recognize the right of such claimants to compensation, acknowledging the loss of parental care, guidance and affection. The learned Tribunal has, thus, rightly treated the claimants as dependents for the purpose of computation and has committed no error warranting interfer placed on National Insurance Company Limited v. Birender and Ors reported as (2020) 11 SCC 356 examining the legal issue "Whether the major sons of the deceased who are married and ga Motor Vehicles Act, 1988?, and held as follows: "12. application for compensation by virtue of clause (c) of Section 166 (1). The major marri dependant on the deceased would be still covered by the expression "legal representative" of the deceased. This Court in Manjuri Bera (supra) had expounded that liability to pay compensation under the Act does not c 2026 (O&M) -4- Kumar Agrawal and Another v. National Insurance Company and Others, AIR Equally untenable is the argument raised by the appellant with regard to absence of dependency on the part of the claimants. It is well settled that the concept of “dependency” under the Motor Vehicles Act is not to be construed in a narrow or pedantic manner confined strictly to financial dependency alone. A son, even if earning, does not cease to be a dependent in the broader sense, particularly in the Indian socio-economic context where familial bonds and mutual support systems operate beyond strict financial calculations. Similarly, a married daughter cannot be excluded from the ambit of compensation solely on the ground of her marital status or separate residence. The law has consistently evolved to recognize the right of such claimants to compensation, especially under conventional heads, acknowledging the loss of parental care, guidance and affection. The learned Tribunal has, thus, rightly treated the claimants as dependents for the purpose of computation and has committed no error warranting interfer National Insurance Company Limited v. Birender and Ors reported as (2020) 11 SCC 356. The Hon'ble Supreme court in examining the legal issue "Whether the major sons of the deceased who are married and gainfully employed or earning can claim compensation under the Motor Vehicles Act, 1988?, and held as follows: The legal representatives of the deceased could move application for compensation by virtue of clause (c) of Section 166 (1). The major married son who is also earning and not fully dependant on the deceased would be still covered by the expression "legal representative" of the deceased. This Court in Manjuri Bera (supra) had expounded that liability to pay compensation under the Act does not c Kumar Agrawal and Another v. National Insurance Company and Others, AIR Equally untenable is the argument raised by the appellant with regard to absence of dependency on the part of the claimants. It is well settled that the concept of “dependency” under the Motor Vehicles Act is not to be construed in a ner confined strictly to financial dependency alone. A son, even if earning, does not cease to be a dependent in the broader sense, particularly economic context where familial bonds and mutual support ncial calculations. Similarly, a married daughter cannot be excluded from the ambit of compensation solely on the ground of her marital status or separate residence. The law has consistently evolved to recognize especially under conventional heads, acknowledging the loss of parental care, guidance and affection. The learned Tribunal has, thus, rightly treated the claimants as dependents for the purpose of computation and has committed no error warranting interference. Reliance can be National Insurance Company Limited v. Birender and Ors reported as The Hon'ble Supreme court in Birender (Supra) examining the legal issue "Whether the major sons of the deceased who are infully employed or earning can claim compensation under the Motor Vehicles Act, 1988?, and held as follows: The legal representatives of the deceased could move application for compensation by virtue of clause (c) of Section 166 ed son who is also earning and not fully dependant on the deceased would be still covered by the expression "legal representative" of the deceased. This Court in Manjuri Bera (supra) had expounded that liability to pay compensation under the Act does not cease because of absence of Kumar Agrawal and Another v. National Insurance Company and Others, AIR Equally untenable is the argument raised by the appellant with regard to absence of dependency on the part of the claimants. It is well settled that the concept of “dependency” under the Motor Vehicles Act is not to be construed in a ner confined strictly to financial dependency alone. A son, even if earning, does not cease to be a dependent in the broader sense, particularly economic context where familial bonds and mutual support ncial calculations. Similarly, a married daughter cannot be excluded from the ambit of compensation solely on the ground of her marital status or separate residence. The law has consistently evolved to recognize especially under conventional heads, acknowledging the loss of parental care, guidance and affection. The learned Tribunal has, thus, rightly treated the claimants as dependents for the purpose of ence. Reliance can be National Insurance Company Limited v. Birender and Ors reported as was examining the legal issue "Whether the major sons of the deceased who are infully employed or earning can claim compensation under the SHUBHAM 2026.04.27 16:16 I am the author of this document FAO-2032-2026 dependency of the concerned legal representative. Notably, the expression "legal representative" has not been defined in the Act. 13. the provisions of Section 140 of the even if there is no loss of dependency, the claimant, if he was a legal representative, will be entitled to compensation. In the concurring judgment of Justice S.H. Kapadia, as His Lordship then was, it is observed that there i apply for compensation" and "entitlement to compensation". The compensation constitutes part of the estate of the deceased. As a result, the legal representative of the deceased would inherit the estate. Indeed, in that case a married daughter of the deceased and the efficacy of Section 140 of the Act. Nevertheless, the principle underlying the exposition in this decision would clearly come to the aid of the respondent Nos. 1 and 2 (cla deceased and also earning. 14. It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal representatives have a ri bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased and not to limit the claim towards convention in the present case would suggest that the claimants were working as agricultural labourers on contract basis and were earning meagre income between Rs.1,00,000/ and Rs.1,50,000/ per annum. In that sense, they were lar dependant on the earning of their mother and in fact, were staying with her, who met with an accident at the young age of 48 years." 2026 (O&M) -5- dependency of the concerned legal representative. Notably, the expression "legal representative" has not been defined in the Act. In paragraph 15 of the said decision, while adverting to the provisions of Section 140 of the even if there is no loss of dependency, the claimant, if he was a legal representative, will be entitled to compensation. In the concurring judgment of Justice S.H. Kapadia, as His Lordship then was, it is observed that there is distinction between "right to apply for compensation" and "entitlement to compensation". The compensation constitutes part of the estate of the deceased. As a result, the legal representative of the deceased would inherit the estate. Indeed, in that case, the Court was dealing with the case of a married daughter of the deceased and the efficacy of Section 140 of the Act. Nevertheless, the principle underlying the exposition in this decision would clearly come to the aid of the respondent Nos. 1 and 2 (claimants) even though they are major sons of the deceased and also earning. It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal representatives have a right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased and not to limit the claim towards conventional heads only. The evidence on record in the present case would suggest that the claimants were working as agricultural labourers on contract basis and were earning meagre income between Rs.1,00,000/ and Rs.1,50,000/ per annum. In that sense, they were lar dependant on the earning of their mother and in fact, were staying with her, who met with an accident at the young age of 48 years." dependency of the concerned legal representative. Notably, the expression "legal representative" has not been defined in the Act. In paragraph 15 of the said decision, while adverting to the provisions of Section 140 of the Act, the Court observed that even if there is no loss of dependency, the claimant, if he was a legal representative, will be entitled to compensation. In the concurring judgment of Justice S.H. Kapadia, as His Lordship s distinction between "right to apply for compensation" and "entitlement to compensation". The compensation constitutes part of the estate of the deceased. As a result, the legal representative of the deceased would inherit the , the Court was dealing with the case of a married daughter of the deceased and the efficacy of Section 140 of the Act. Nevertheless, the principle underlying the exposition in this decision would clearly come to the aid of the respondent Nos. imants) even though they are major sons of the It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal ght to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased al heads only. The evidence on record in the present case would suggest that the claimants were working as agricultural labourers on contract basis and were earning meagre income between Rs.1,00,000/ and Rs.1,50,000/ per annum. In that sense, they were lar dependant on the earning of their mother and in fact, were staying with her, who met with an accident at the young age of 48 years." It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal ght to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased al heads only. The evidence on record in the present case would suggest that the claimants were working as agricultural labourers on contract basis and were earning meagre income between Rs.1,00,000/ and Rs.1,50,000/ per annum. In that sense, they were largely dependant on the earning of their mother and in fact, were staying with her, who SHUBHAM 2026.04.27 16:16 I am the author of this document FAO-2032-2026 8. In this regard, parallels can be drawn from the judgement passed by the Hon'ble Kerala High Court in MACA No. 1768 of 2021. and the parents of the deceased to claim under the head of 'Loss of Dependency'. It provides a more vocal stance on the holding in High Court, while examining the contours of 'Loss of Dependency', had held the following :- "48. The Madras High Court (through Justice S. Manikumar, as he then was) in Co Ltd. v. Kaliyamoorthy SCC 356] married sister, held thus: "14.Even in the case of married daughters, a father or mother or brother, can still monetarily help a married daughter, depending upon the need or out of love and affection. A mother can continuously render her valuable service to her daughter, even if the daughter is married. Similarly, a married daughter would still continue to assist her mother, or father, in the case of need. Contribution by means of service or income, both can be taken into account to determine the quantum of compensation. A married da succession and that she is entitled to make a claim and it is for the Claims Tribunal or Court, to apportion the amount, between the claimants, depending upon the loss of contribution suffered by the married daughter." 50. learned counsel for the Appellant that a 25 year old daughter would be no longer dependent on her 49 year old mother because she was given in marriage. The bond between a mother a daughter is eternal. I reminisce the quotation of Cardinal 2026 (O&M) -6- In this regard, parallels can be drawn from the judgement passed by the Hon'ble Kerala High Court in United India MACA No. 1768 of 2021. This case dealt with the entitlement of married daughters and the parents of the deceased to claim under the head of 'Loss of Dependency'. It provides a more vocal stance on the holding in High Court, while examining the contours of 'Loss of Dependency', had held the "48. The Madras High Court (through Justice S. Manikumar, as he then was) in Branch Manager, ICICI Lombard General Ins. Co Ltd. v. Kaliyamoorthy and others [2018 KHC 5479 (2020) 11 SCC 356], while dealing with a case filed by the parents and married sister, held thus: "14.Even in the case of married daughters, a father or mother or brother, can still monetarily help a married daughter, depending upon the need or out of love and affection. A mother can continuously render her valuable service to her daughter, even if daughter is married. Similarly, a married daughter would still continue to assist her mother, or father, in the case of need. Contribution by means of service or income, both can be taken into account to determine the quantum of compensation. A married daughter is a legal representative, as per the law of succession and that she is entitled to make a claim and it is for the Claims Tribunal or Court, to apportion the amount, between the claimants, depending upon the loss of contribution suffered by the ied daughter." It would be preposterous to accept the contention of the learned counsel for the Appellant that a 25 year old daughter would be no longer dependent on her 49 year old mother because she was given in marriage. The bond between a mother a daughter is eternal. I reminisce the quotation of Cardinal In this regard, parallels can be drawn from the judgement passed by United India Insurance Co. Ltd v. Shalumol in This case dealt with the entitlement of married daughters and the parents of the deceased to claim under the head of 'Loss of Dependency'. It provides a more vocal stance on the holding in Birender (Supra). The Hon'ble High Court, while examining the contours of 'Loss of Dependency', had held the "48. The Madras High Court (through Justice S. Manikumar, as Branch Manager, ICICI Lombard General Ins. and others [2018 KHC 5479 (2020) 11 , while dealing with a case filed by the parents and "14.Even in the case of married daughters, a father or mother or brother, can still monetarily help a married daughter, depending upon the need or out of love and affection. A mother can continuously render her valuable service to her daughter, even if daughter is married. Similarly, a married daughter would still continue to assist her mother, or father, in the case of need. Contribution by means of service or income, both can be taken into account to determine the quantum of compensation. A ughter is a legal representative, as per the law of succession and that she is entitled to make a claim and it is for the Claims Tribunal or Court, to apportion the amount, between the claimants, depending upon the loss of contribution suffered by the It would be preposterous to accept the contention of the learned counsel for the Appellant that a 25 year old daughter would be no longer dependent on her 49 year old mother because she was given in marriage. The bond between a mother and a daughter is eternal. I reminisce the quotation of Cardinal In this regard, parallels can be drawn from the judgement passed by Insurance Co. Ltd v. Shalumol in This case dealt with the entitlement of married daughters and the parents of the deceased to claim under the head of 'Loss of Dependency'. It . The Hon'ble High Court, while examining the contours of 'Loss of Dependency', had held the SHUBHAM 2026.04.27 16:16 I am the author of this document FAO-2032-2026 Mermillod' "No matter how old she may be, sometimes a girl just needs her mom." 51. compensation for loss of dependency, it does not mean f dependency is the "ark of the covenant". Dependency includes gratuitous service dependency, physical dependency, emotional dependency, psychological dependency, and so on and so forth, which can never be equated in terms of money" 9. The Karna No.102868/2014 titled as Reliance General Insurance Company Ltd v. Gangappa & Ors also had an occasion to examine whether the major married daughters can be treated as dependents of the deceased mother. Re the Hon'ble Karnataka High Court held as follows: "23. married sons are also entitled for compensation. This Court also cannot make any discrimination whether they are ma married daughters and hence, very contention that married daughters of deceased are not entitled for compensation cannot be accepted and the Court has to take note of the rationale behind in coming to the conclusion of even married sons and m eligible to claim compensation and hence the married daughters also entitle for compensation on all the heads and not to limit only for conventional heads. 24. judgement of Kerala High Court in the case of Shalumol supra. In paragraph Nos.50 and 51 of the said judgement, Kerala High Court also held that bond between the mother and daughter is eternal and furthe relevant criterion to claim compensation for loss of dependency, it does not mean financial dependency is the "ark of the covenant". Dependency includes gratuitous service dependency, physical 2026 (O&M) -7- Mermillod' "No matter how old she may be, sometimes a girl just needs her mom." Even if dependency is a relevant criterion to claim compensation for loss of dependency, it does not mean f dependency is the "ark of the covenant". Dependency includes gratuitous service dependency, physical dependency, emotional dependency, psychological dependency, and so on and so forth, which can never be equated in terms of money" The Karnataka High Court vide order No.102868/2014 titled as Reliance General Insurance Company Ltd v. Gangappa also had an occasion to examine whether the major married daughters can be treated as dependents of the deceased mother. Re the Hon'ble Karnataka High Court held as follows: The Apex Court in the said judgement further held even married sons are also entitled for compensation. This Court also cannot make any discrimination whether they are ma married daughters and hence, very contention that married daughters of deceased are not entitled for compensation cannot be accepted and the Court has to take note of the rationale behind in coming to the conclusion of even married sons and m eligible to claim compensation and hence the married daughters also entitle for compensation on all the heads and not to limit only for conventional heads. Counsel for respondents/claimants also relied upon a judgement of Kerala High Court in the case of Shalumol supra. In paragraph Nos.50 and 51 of the said judgement, Kerala High Court also held that bond between the mother and daughter is eternal and further observed that even if the dependency is relevant criterion to claim compensation for loss of dependency, it does not mean financial dependency is the "ark of the covenant". Dependency includes gratuitous service dependency, physical Mermillod' "No matter how old she may be, sometimes a girl just Even if dependency is a relevant criterion to claim compensation for loss of dependency, it does not mean financial dependency is the "ark of the covenant". Dependency includes gratuitous service dependency, physical dependency, emotional dependency, psychological dependency, and so on and so forth, which can never be equated in terms of money" taka High Court vide order dated 04.08.2022 in MFA No.102868/2014 titled as Reliance General Insurance Company Ltd v. Gangappa also had an occasion to examine whether the major married daughters can be treated as dependents of the deceased mother. Relying upon Birender (Supra) the Hon'ble Karnataka High Court held as follows: The Apex Court in the said judgement further held even married sons are also entitled for compensation. This Court also cannot make any discrimination whether they are married sons or married daughters and hence, very contention that married daughters of deceased are not entitled for compensation cannot be accepted and the Court has to take note of the rationale behind in coming to the conclusion of even married sons and major sons are eligible to claim compensation and hence the married daughters also entitle for compensation on all the heads and not to limit only Counsel for respondents/claimants also relied upon a judgement of Kerala High Court in the case of Shalumol supra. In paragraph Nos.50 and 51 of the said judgement, Kerala High Court also held that bond between the mother and daughter is r observed that even if the dependency is relevant criterion to claim compensation for loss of dependency, it does not mean financial dependency is the "ark of the covenant". Dependency includes gratuitous service dependency, physical dated 04.08.2022 in MFA No.102868/2014 titled as Reliance General Insurance Company Ltd v. Gangappa also had an occasion to examine whether the major married daughters can Birender (Supra), SHUBHAM 2026.04.27 16:16 I am the author of this document FAO-2032-2026 dependency, emotional on and so forth, which can never be equated in terms of the money. 25. judgements referred to supra, this Court has taken note of recent judgement of the Apex Cour even married sons are entitled for compensation not only on conventional heads but also on loss of dependency. Hence, the very contention of the appellant insurance company cannot be accepted." 10. In view of the af ground to interfere with the award dated and the same is upheld. Resultantly, the present appeal is dismissed. 11. Pending application(s), if any, shall also st April 21, 2026 Shubham 2026 (O&M) -8- dependency, emotional dependency, psychological dependency so on and so forth, which can never be equated in terms of the money. Having considered the principles laid down in the judgements referred to supra, this Court has taken note of recent judgement of the Apex Court in Birender, wherein it is held that even married sons are entitled for compensation not only on conventional heads but also on loss of dependency. Hence, the very contention of the appellant insurance company cannot be accepted." In view of the aforesaid facts and circumstances, this Court finds no ground to interfere with the award dated 18.10.2025 and the same is upheld. Resultantly, the present appeal is dismissed. Pending application(s), if any, shall also st (AMARINDER SINGH GREWAL Whether speaking/reasoned Whether reportable dependency, psychological dependency so on and so forth, which can never be equated in terms of the Having considered the principles laid down in the judgements referred to supra, this Court has taken note of recent t in Birender, wherein it is held that even married sons are entitled for compensation not only on conventional heads but also on loss of dependency. Hence, the very contention of the appellant insurance company cannot be oresaid facts and circumstances, this Court finds no 18.10.2025 passed by the learned Tribunal and the same is upheld. Resultantly, the present appeal is dismissed. Pending application(s), if any, shall also stand disposed of. AMARINDER SINGH GREWAL) JUDGE Whether speaking/reasoned : Yes/No : Yes/No oresaid facts and circumstances, this Court finds no passed by the learned Tribunal ) SHUBHAM 2026.04.27 16:16 I am the author of this document