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Supreme Court of India 2020-01-13 partly_allowed

National Insurance Company Limited vs Birender and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this motor vehicle accident case, the Supreme Court clarified that major married sons who are gainfully employed can claim compensation as legal representatives under the Motor Vehicles Act, 1988, despite not being fully dependent on the deceased. The Court held that while such compensation is due under conventional heads, any financial assistance received under government compassionate assistance schemes must be appropriately deducted to avoid duplication. The Court recalculated the total compensation to Rs. 31,96,230 with interest and remitted the matter for adjustment of overlapping benefits.

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Motor Vehicles Tort Liability Compensation Dependency Social Security Insurance

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