MV Act | Deceased's Married Sister May Not Be Dependent, But As Sole Heir Is Entitled To Compensation For Loss Of Estate: Kerala HC
1 month, 2 weeks ago

MV Act | Deceased's Married Sister May Not Be Dependent, But As Sole Heir Is Entitled To Compensation For Loss Of Estate: Kerala HC

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In a case motor vehicle compensation case where a man died in an accident, the Kerala High Court said that his married sister cannot claim compensation for loss of dependency, but as his sole legal heir, she is entitled to claim compensation under the heads of loss of estate as well as loss of love and affection. The court said: “ I n Elamma & others v. ICICI Lombard General Insurance, following the judgment in Joseph, this Court held that the siblings of the deceased are entitled for compensation under the head, loss of estate. I find that while the claimant is not entitled to compensation for loss of dependency, she is entitled to compensation for loss of estate, which can be calculated using the same method as for loss of dependency.The learned counsel for the claimant submits that the tribunal has not awarded any compensation towards loss of consortium or loss of love and affection. The claimant, being the sibling of the deceased, may not be entitled to loss of consortium, but certainly entitled to compensation towards loss of love and affection.

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History of this topic

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court
1 month, 3 weeks ago

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court

Live Law  

The Delhi High Court has observed that the family pension being received by legal heirs of a deceased cannot be considered for calculating compensations towards 'Loss of Dependency' payable under the Motor Vehicles Act. At the outset, the High Court remarked that monetary compensation has to be granted in a just and fair manner so as to alleviate any financial …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
1 year, 1 month ago

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance

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The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job. While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was …

MV Act | Apportionment Of Compensation Not Guided by Personal Laws, Consideration Of Dependency On Deceased Paramount: J&K High Court
1 year, 3 months ago

MV Act | Apportionment Of Compensation Not Guided by Personal Laws, Consideration Of Dependency On Deceased Paramount: J&K High Court

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The Jammu and Kashmir and Ladakh High Court on Monday ruled that the Court cannot be guided by personal law while deciding on the compensation in a claim petition since it needed to be apportioned by taking into consideration the dependency of the Claimants. Overturning the decision of the Tribunal to deny compensation to two siblings of the deceased, the …

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court
1 year, 9 months ago

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court

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The Kerala High Court recently held that married daughters belonging to the Hindu Malayala Kammala caste would also be entitled to a share in the self-acquired property of their parent. It held that any custom governing intestate succession in respect of the self acquired property of a Hindu that was inconsistent with the provisions of the Hindu Succession Act, 1956, …

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court
1 year, 11 months ago

MV Act | Insurer Cannot Escape Liability On Premise That Legal Heirs Of Deceased Owner Were Not Parties To Claim Petition: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently ruled that the insurer cannot escape its liability to pay compensation to the claimants on the ground that the legal heirs of the deceased owner were not made parties to the claim petitions. In order to address the question as to whether, in the face of aforesaid provision, the present …

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court
2 years, 9 months ago

Amount Spent By A Man To Support His Divorced Sister Must Be Kept In Mind While Granting Maintenance To His Wife: Delhi High Court

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The Delhi High Court has observed that in India, a brother does not abandon his divorced sister and accordingly, the expenditure borne by him in supporting his sister must be taken into account while passing an order of maintenance in favour of his wife. The Delhi High Court has observed that in India, a brother does not abandon his divorced …

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
2 years, 11 months ago

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court

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The Kerala High Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in …

Service Benefits- Female Partner In A Live-In Relationship Cannot Have A Better Claim Than A Legally Married Wife: Kerala High Court
3 years, 8 months ago

Service Benefits- Female Partner In A Live-In Relationship Cannot Have A Better Claim Than A Legally Married Wife: Kerala High Court

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A Division Bench of the Kerala High Court on Wednesday while deciding a matrimonial appeal held that when there is evidence of long cohabitation of a man with two women simultaneously, one pursuant to a ceremonial marriage and the other not so, the presumption of valid marriage leans in favour of the former. The appellant Rajeeve approached the Court aggrieved …

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]
4 years, 8 months ago

Remarriage Of Widow Not A Decisive Factor For Computing Motor Accident Compensation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that, while computing compensation for dependency of a widow on the death of her husband under Section 166 of the Motor Vehicles Act, her remarriage shall not be a decisive factor. Justice N. Nagaresh observed that the loss of dependency consequent to the death of the husband does not cease merely because she has …

Husband Liable To Pay Maintenance When Marriage Was Annulled Due To His Fault : SC Upholds Kerala HC Order
5 years, 6 months ago

Husband Liable To Pay Maintenance When Marriage Was Annulled Due To His Fault : SC Upholds Kerala HC Order

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The Supreme Court recently upheld a Kerala High Court judgment that held that where the marriage happened to be annulled or declared null and void due to some mischief or wrong committed by the husband, he will have to pay maintenance under Section 125 of Cr.P.C despite declaration of nullity or annulment of marriage.The bench comprising Justice R. Banumathi and …

Applying ‘Lost Life Principle’ Kerala HC Awards Special Compensation To A Motor Accident Victim’s Mother [Read Judgment]
6 years, 11 months ago

Applying ‘Lost Life Principle’ Kerala HC Awards Special Compensation To A Motor Accident Victim’s Mother [Read Judgment]

Live Law  

Invoking the concept of ‘Lost Life Principle’, High Court of Kerala has ordered an insurance company to pay additional compensation to the mother of a minor victim in a motor accident case.The division bench of High Court of Kerala comprising Justice PN Ravindran and Justice Devan Ramachandran, has ordered an amount of Rs.15,00,000 to be paid to the mother of …

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