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A single-judge bench of the Delhi High Court consisting of Justice J R Midha increased the amount compensation to be given to the parents of a man who died in 2008 at the age of 23. It was observed by the Court that even though at the time of the accident, the parents were not financially dependent upon the deceased victim, they shall become both financially and emotionally dependent after a certain point in their lives, just the way how children are dependent on their parents in their primary stages. It was also remarked by the Court how it would be unfair to deny compensation just because the parents were not dependent on their child at the time of accident per se.
The Court also said that the parents have a legal right to be maintained by their children and the children are obligated to maintain their parents under section 125 of the Code of Criminal Procedure, 1973, Section 20 of the Hindu Adoption and Maintenance Act, 1956 and the much recent Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The bench calculated the loss of dependency as Rs 6,24,607.20 further adding Rs 40,000 towards loss of love and affection and Rs 15,000 towards funeral expenses as awarded by the Claims Tribunal, making it a total compensation of Rs 6,80,000 with an interest of 9% per annum from the date of institution of the original petition, 2010 which enhanced the amount from the earlier award of Claims Tribunal of Rs 2,42,382.16.
Justice J. R. Midha has formulated a new Scheme for Motor Accident Claims according to which the investigating officer is required to send a First Accident Report regarding any road accident to the claims tribunal and insurance company within 48 hours. Benevolent provisions of developed countries and formats of the Transport Research Wing of the Ministry of Road Transport and Highways were incorporated in this scheme.
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