Case at a Glance
A woman travelling in a jeep died in a road accident on 12 November 2016, and the Motor Accident Claims Tribunal awarded her three married daughters Rs. 24,86,912 with 7% interest. The insurer appealed, arguing that married daughters who were not dependent on the deceased could not claim full compensation under Section 166 of the Motor Vehicles Act merely as legal representatives. The Allahabad High Court agreed, holding that being a legal representative and suffering loss of dependency are distinct questions. As it was undisputed that the daughters were not dependent on their mother, the award was reduced to Rs. 50,000 under Section 140, to be shared equally.
The deceased, Champa, was travelling as an occupant of Jeep No. UP 50F 4961 when she was injured in an accident on 12 November 2016 and later died. Her three married daughters filed a claim (MACP No. 48 of 2017) before the Motor Accident Claims Tribunal, which awarded compensation of Rs. 24,86,912 with interest at 7% per annum.
Cholamandalam M.S. General Insurance Co. Ltd. challenged the award before the High Court. Its argument was narrow but significant: married daughters who were not financially dependent on the deceased may sue as legal representatives, but they cannot recover loss-of-dependency compensation under Section 166; at most they are entitled to the fixed no-fault amount under Section 140. The insurer relied on the Supreme Court’s decision in Deep Shikha v. National Insurance Company Ltd., (2025) 05 SC CK 0202, 2025 INSC 675. The claimants relied on National Insurance Company Limited v. Birender, (2020) 01 SC CK 0025, (2020) 11 SCC 356, Seema Rani v. Oriental Insurance Company Limited, (2025) 02 SC CK 0789, 2025 INSC 192 and Jitendra Kumar v. Sanjay Prasad, AIR Online 2025 SC 758.
The Key Question Before the Court
Can married daughters of a deceased accident victim, who were admittedly not dependent on her, claim full compensation under Section 166 of the Motor Vehicles Act only because they are her legal representatives?
Legal Representative Is Not the Same as Dependant
Justice Anil Kumar-X traced the law from Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai, (1987) 05 SC CK 0026, AIR 1987 SC 1690, which read “legal representative” widely, through Manjuri Bera v. Oriental Insurance Co. Ltd., (2007) 03 SC CK 0007, (2007) 10 SCC 643, which distinguished between the right to maintain a claim and the quantum of compensation. The Court said that “It is incumbent upon a court to first determine, particularly in case of married sons and married daughters,” whether they are merely legal representatives or have also suffered loss of dependency.
Following Deep Shikha, the Court noted that “ordinarily, upon marriage, a daughter becomes a member of her matrimonial household” and is presumed to be supported there unless evidence shows otherwise. It held that the line of authority relied on by the insurer would prevail over the judgments cited by the claimants, which had not addressed this distinction. Since “it was not disputed that the respondent-claimants were not in any way dependent upon the deceased mother,” compensation under Section 166 was unsustainable and the claim had to be confined to Section 140.
What the Court Actually Held
- A legal representative may maintain a claim petition, but entitlement to loss-of-dependency compensation is a separate question that the Tribunal must decide first.
- Married daughters are ordinarily presumed to be part of the matrimonial household and supported there, unless evidence shows actual dependency on the deceased parent.
- As the claimants were admittedly not dependent on their mother, the award of Rs. 24,86,912 under Section 166 could not stand.
- The award was modified: the claimants are entitled to Rs. 50,000 under Section 140 of the Motor Vehicles Act, apportioned equally; the appeal was partly allowed.
Why This Judgment Matters
- It is a sharp illustration of how Deep Shikha is being applied by High Courts to cut large awards made to non-dependent adult children.
- It shows that the claimant’s status (legal representative) and the measure of compensation (dependency) are separate issues that must be pleaded and proved separately.
- Tribunals across Uttar Pradesh are likely to see insurers raise this objection in every claim by married sons or daughters.
What Should Advocates Take Away From the Judgment?
For Claimants
- If you are a married son or daughter, lead evidence of actual financial support from the deceased: bank transfers, shared household expenses, or care arrangements.
- Without proof of dependency, expect the claim to be limited to the no-fault amount.
For Counsel
- Frame a specific issue on dependency before the Tribunal; do not rely on legal-representative status alone.
- For insurers, an admission or absence of evidence on dependency is decisive; for claimants, distinguish Deep Shikha on facts with documentary proof.
Key Takeaways
- Legal representatives can file a claim, but compensation for loss of dependency needs proof of dependency.
- Married daughters are presumed to be supported in their matrimonial home unless shown otherwise.
- The Court held Ramanbhai, Manjuri Bera and Deep Shikha prevail over the decisions cited by the claimants.
- The Rs. 24.86 lakh award was replaced by Rs. 50,000 under Section 140, shared equally among the daughters.
Frequently Asked Questions
Can a married daughter file a motor accident claim for her parent’s death?
Yes. As a legal representative she can maintain the claim. But according to this judgment, full compensation for loss of dependency under Section 166 requires proof that she was actually dependent on the deceased.
What is Section 140 compensation?
It is the no-fault liability amount under the Motor Vehicles Act, payable without proving negligence. In this case the High Court awarded Rs. 50,000 under Section 140 in place of the Tribunal’s award.
Which Supreme Court judgment did the High Court follow?
It followed Deep Shikha v. National Insurance Company Ltd., 2025 INSC 675, read with Gujarat State Road Transport Corporation v. Ramanbhai Prabhatbhai and Manjuri Bera v. Oriental Insurance Co. Ltd.
Conclusion
The ruling reinforces a clear divide in motor accident law: anyone who is a legal representative can knock on the Tribunal’s door, but only those who lost real financial support can recover dependency-based compensation. For married children, that support has to be proved, not presumed.
Practical takeaway: In claims by married sons or daughters, plead and prove dependency with documents; where dependency is admittedly absent, the claim is confined to the no-fault amount under Section 140.
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