Bombay HC: Parents Living Separately Or At Native Place Entitled To Compensation under Motor vehicles Act Upon child's Accidental Death

In the instance case the Claimant’s are Hindus. Under

the Hindu Succession Act the Class I heirs inherits the entire

property of the deceased to the exclusion of all others. Father of

the deceased son is not a Class-I heir under the Hindu

Succession Act. The father of the deceased is a Class II heir.

However, the father who is Class II heir of the deceased is still

entitled to claim compensation under the MV. Act on account his

dependency on his son. It is required to be noted that as a

general principle, the extent of dependency of the unemployed

widow would be highest on account of her age. The dependency

of minor children would be lesser than the widow but more than

parents. The parents of the deceased on account of their old age

would have lesser dependency as compare to the widow and the

children. Any other dependent can also filed a Claim and the

dependency of the Claimant would be a matter of fact to be

determined by the Tribunal. {Para 13}

14. In the instance case the impugned judgment indicates

that there is no issue raised as regard the dependency of the

parents on the deceased. In the ordinary circumstances in the Indian Social system, parents are dependent on their child to take care of them in their old age, irrespective of the fact that they would be staying in the villages/native place away from the son. The parents of the deceased/son are also entitled for filial consortium for loss of love, affection, care and companionship of the deceased child.

15. The arguments of the Insurance Company that the claim cannot be filed by the parents of the deceased as they were staying separate from the deceased in a native village as such were not dependent on the deceased cannot be accepted and the same is rejected.  

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FIRST APPEAL NO.571 OF 2023

Bajaj Allianz General Insurance Co. Ltd. Vs  Smt.Sunita Virendra @ Birendra Sahani

CORAM : ARUN R. PEDNEKER, J.

DATE : 30th JULY 2024

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Whether calculated Acts Of One Parent To Alienate Child From Other Parent Amount To Mental Cruelty?

 Yet another facet of mental cruelty on the part of the

respondent canvassed by the learned counsel for the appellant is

regarding the parental alienation. The learned counsel for the

appellant submitted that the respondent intentionally alienated the child from the appellant depriving his parental right to be loved by the child. It amounts to nothing but mental cruelty, argued the counsel. We find some force in the said argument.{Para 16}

17. Parental alienation describes a process through which a

child becomes estranged from a parent as the result of the

psychological manipulation of another parent. It occurs when one parent undermines or prejudices the contact and relationship between the child and the other parent without well-founded reasons. It is a strategy whereby one parent intentionally displays to the child unjustified negativity aimed at the other parent. The purpose of this strategy is to damage the child’s relationship with the other parent and to turn the child’s emotions against the other parent. A child has right to the love and affection of both parents. Similarly, the parents have the right to receive the love and affection of the child. Any act on the

part of the one parent calculated to deny the love and affection of the child to the other parent by alienating the child from him/her amounts to mental cruelty.

 IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

 MR. JUSTICE A.MUHAMED MUSTAQUE

&

DR. JUSTICE KAUSER EDAPPAGATH

 18TH DAY OF MAY 2021 

Mat.Appeal.No.523 OF 2019

PRABIN GOPAL Vs MEGHNA

Dated this the 18th day of May 2021

Author: Kauser Edappagath, J.

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