In a landmark ruling, the Karnataka High Court has established that adult children, alongside spouses, are entitled to compensation for “loss of consortium” due to the untimely death of a family member. This judgment extends the scope of legal heirs who can claim emotional damages and familial loss following fatal accidents.
Justice C M Joshi presided over a case involving the family of Subhash, a resident of Kalaburagi who tragically died in a road accident on April 7, 2019. While returning home from a temple visit with his grandson, Subhash’s motorcycle was struck by another vehicle, leading to his fatal injuries.
Initially, the Motor Accident Claims Tribunal in Kalaburagi awarded Rs 10.30 lakh in March 2021, acknowledging the financial dependency of Subhash’s wife but dismissing the claims of their two adult sons. The tribunal argued that since the sons were financially independent, they did not qualify as dependents.
The family contested this decision, seeking a higher compensation reflecting Subhash’s monthly income of Rs 15,000, which they claimed was not accurately considered in the tribunal’s assessment.
Justice Joshi referenced the Supreme Court’s verdict in N Jayasree vs Cholamandalam MS General Insurance Co. Ltd and Seema Rani vs Oriental Insurance Co. Ltd, supporting the notion that all legal heirs impacted by the loss of a relative in a motor accident are eligible for compensation. This interpretation allowed for the inclusion of even married daughters as dependents under the Motor Vehicles Act.
Highlighting an unrealistic deduction by the tribunal, which had halved Subhash’s income accounting for personal expenses, Justice Joshi noted that a 54-year-old man with a family is more likely to allocate a significant portion of his income towards family expenses rather than personal use. He adjusted the deduction for personal expenses to one-third, aligning more closely with typical family financial contributions in India.
