Karnataka HC expands loss of consortium compensation to adult children

The Karnataka High Court has held that not just the spouse but also adult children who are legal heirs of a deceased individual are entitled to compensation under the category "loss of consortium".

This form of compensation accounts for the emotional and familial void left behind after a person's untimely death, the HC said.

Justice C M Joshi, who presided over the case, declared that the wife and two adult sons of a man named Subhash, who died in a road accident, are each entitled to Rs 52,000 under the "loss of consortium category", bringing the total to Rs 1.56 lakh.

Subhash, a resident of Kalaburagi, lost his life on April 7, 2019, after a vehicle collided with his motorcycle while he was returning home from a temple visit with his grandson.

Initially, on March 18, 2021, the Motor Accident Claims Tribunal in Kalaburagi had awarded a compensation of Rs 10.30 lakh.

While Subhash's wife received compensation for loss of dependency, the claims made by their two sons were dismissed on the grounds that they were financially independent and therefore not considered dependents.

Challenging the tribunal's verdict, the family approached the High Court, arguing that the compensation was inadequate and that Subhash's actual monthly income of Rs 15,000 had not been accurately factored into the decision.

Justice Joshi cited the Supreme Court's ruling in N Jayasree vs Cholamandalam MS General Insurance Co. Ltd, which affirms that every legal heir who suffers due to the loss of a family member in a motor accident has the right to seek compensation. He also referred to the Seema Rani vs Oriental Insurance Co. Ltd case, in which even married daughters were recognised as dependents under the Motor Vehicles Act.

Based on these precedents, the court determined that the two sons were rightful claimants.

Justice Joshi also questioned the tribunal's decision to deduct 50 per cent of Subhash's income as personal expenses.

"A 54-year-old man with a wife and two children is likely to contribute more towards his family than himself. In the Indian context, such a deduction is unrealistic," he observed.

The court revised the personal expense deduction to one-third of the income.