HC for gender parity in compensation in accidental death cases

Awarding lesser compensation for the accidental death of a girl or a woman amounts to gender discrimination which is constitutionally prohibited, the Allahabad High Court has ruled.

Updated: Mar 28, 2011, 21:45 PM IST

Lucknow: Awarding lesser compensation for the accidental death of a girl or a woman amounts to gender discrimination which is constitutionally prohibited, the Allahabad High Court has ruled.

"Whether the deceased, a 21-year-old, was boy or girl, so far as parents are concerned for them both have equal importance," the Lucknow bench comprising justices Devi Prasad Singh and Sudhir Agarwal said in its verdict on a petition for
enhancement of compensation by Premawati following the death of her only child Vijay Laxmi in a road accident on May 5, 2002.

The court said that it is not necessary to give a reference of the number of women who have served their parents well and even better than the male child.

"Whether it is the death of a male child or female child or a boy or a girl or a grown up lady or man, shall not make any difference," the bench said in its order and awarded the appellants compensation of Rs 4,15,500 with 8 percent
interest.

The claim tribunal had granted compensation of Rs 60,000 with interest at the rate of five percent.

"It may be noted that if a female child obtains the same love and affection and serve her parents in the same manner as a male child, we do not find any difference between male and female child," it added.

The respondents had contended that the victim being a girl, multiple compensation cannot be given and the fixed amount given by the tribunal was just and proper.

"The argument advanced by the counsel for respondent and the findings recorded by the tribunal seem to be not sustainable," the court observed while turning down the argument.

PTI