15 July 2024


High Court of Bombay

The New India Assurance Company Limited v. Sunil Parsharam Garud



Surviving spouse entitled to compensation even if both were earning members

In a case regarding compensation for the death of a woman in a motor vehicle accident, the Bombay High Court determined that though the surviving husband was earning at the time of the incident, it could not be said that there was no loss of dependency. Aside from the need of the day of a husband and wife supplementing each other’s income, it noted that living together conferred benefits on both of reduced joint living expenses. The Court held not only was the claimant entitled to compensation for dependency, the insurance company had erred in taking the age of the deceased and ought to have considered the husband’s age in computing compensation.

Tags : Dependency compensation earning spouse savings

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