Court orders compensation to sisters of deceased

September 1st, 2008 - 10:39 pm ICT by IANS  

New Delhi, Sep 1 (IANS) A road accident victim’s sister can claim compensation if her parents are not alive, a Delhi court has held, also describing a woman’s elder brother as a “father figure”. “In Indian society, the elder brother is considered a father figure. In the absence of the father, the elder brother and, in case there is no elder brother, the younger brother, take on their shoulders the responsibilities of marrying and looking after their sisters,” Motor Accident Claim Tribunal (MACT) Judge Swarna Sharma said.

The court rejected a plea of New India Assurance Company Ltd that married sisters cannot file a petition seeking compensation.

“In deciding the compensation cases, the courts cannot work as computers. They have to remain alive to the ground realities as well as to the social set up of the country,” the Judge said in her order.

It directed New India Assurance to pay a total of Rs.384,000 to Shahida Begum, Rehana Khatoon and Ashma Khatoon, all residents of Kolkata, and Roshan Begum, a resident of Delhi, for death of their brother Amir Hussain in a road accident May 5, 2006.

Out of Hussain’s four sisters, Rehana and Ashma were unmarried and were solely dependent on their brother who was 45 when he was crushed by a bus while crossing the road at Subhash Marg here.

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