Samyak Jain vs Kesrilal Mehta 2025 INSC 1163- Unmarried Daughter - Right To Consortium
Motor Accident Compensation - Unmarried daughter of the deceased at the time of accident is to be treated as dependent on the deceased. Merely because an unmarried daughter was engaged in some kind of job, it would not drive her out of the purview as dependent. The expenses towards education, marriage and other living expenses are expected to be borne by the father. (Para 5.2)
Motor Accident Compensation - Consortium- The consortium is a compendious term which encompasses spousal consortium, parental consortium as well as filial consortium. - The right to consortium would include the company, care, help, comfort, guidance, solace and affection with the deceased which the family would be deprived of for ever. (Para 5.3)
Case Info
Case Name and Neutral Citation
- Case Name: Samyak Jain and Ors. vs. Kesrilal Mehta and Ors.
- Neutral Citation: Civil Appeal No. 5289 of 2025 (Supreme Court of India)
Coram
- Coram:
- Justice N.V. Anjaria
- Justice Atul S. Chandurkar
Judgment Date
- Date of Judgment: September 24, 2025
Caselaws and Citations Referred
- Sarla Verma vs. Delhi Transport CorporationCitation: (2009) 6 SCC 121
- Magma General Insurance Co. Ltd. vs. Nanu RamCitation: (2018) 18 SCC 130
- National Insurance Company Limited vs. Satish Kumar Verma & Ors.Citation: (2019) 8 SCC 660
- Vimla Devi vs. National Insurance Company LimitedCitation: (2019) 2 SCC 186
- National Insurance Company Ltd. vs. Pranay SethiCitation: (2017) 16 SCC 680
Statutes/Laws Referred
- Motor Vehicles Act, 1988 (implied, as the case concerns Motor Accident Claims Tribunal proceedings)
- Income Tax Act, 1961 (income tax slabs and deductions discussed for compensation calculation)
#SupremeCourt holds that, for the purpose of Motor Accident Compensation Claims, an unmarried daughter of the deceased at the time of accident is to be treated as dependent on the deceased. https://t.co/3E0WT9szXh pic.twitter.com/pKCCpT6TG0
— CiteCase 🇮🇳 (@CiteCase) September 25, 2025