Supreme Court: An Unemployed Husband May Be Considered Partially Dependent on Deceased Wife’s Income in Accident Claim Cases

The Supreme Court recently ruled that an unemployed husband can be presumed to be at least partially dependent on his deceased wife’s income while assessing compensation in motor accident claims.

In a judgment delivered by a bench comprising Justices B.R. Gavai and Sandeep Mehta, the Court clarified that dependency for compensation purposes must be assessed realistically. It observed that in the context of contemporary Indian society—especially when the husband is not earning—it is fair to consider him as financially dependent on his working wife.

The Court was addressing an appeal where the husband of the deceased sought higher compensation. The tribunal and High Court had previously reduced his share on the presumption that a husband cannot be a dependent. The Supreme Court overturned that reasoning, emphasizing: “In the context of a motor accident claim, there can be no thumb rule that a husband can never be considered dependent upon the income of the deceased wife.”

The ruling strengthens gender-sensitive interpretation in compensation laws and highlights evolving family dynamics.