Highlights

  • Court expands loss of consortium
  • Justice Joshi awards additional compensation
  • Ruling sets new legal precedent

Latest news

CISF is deployed at Bhakra Dam to enhance security

CISF is deployed at Bhakra Dam to enhance security

27 Naxals neutralized in major Bastar operation

27 Naxals neutralized in major Bastar operation

Mamata Banerjee flags Nepal tea threat to Darjeeling

Mamata Banerjee flags Nepal tea threat to Darjeeling

Delhi police bust ₹24 lakh investment fraud

Delhi police bust ₹24 lakh investment fraud

Supriya Sule emphasizes unity in India's fight against terrorism

Supriya Sule emphasizes unity in India's fight against terrorism

Centre defends Waqf Act in Supreme Court

Centre defends Waqf Act in Supreme Court

Haryana's Kanak clinched India's first gold at the ISSF Junior World Cup

Haryana's Kanak clinched India's first gold at the ISSF Junior World Cup

Wife murdered in Ahmedabad; husband caught in Mumbai

Wife murdered in Ahmedabad; husband caught in Mumbai

Karnataka HC expands loss of consortium compensation to adult children

Karnataka High Court ruling expands compensation scope to adult children for loss of consortium, acknowledging emotional loss. Justice Joshi awards additional Rs 52,000 each to Subhash's widow and sons, challenging previous financial dependency assumptions.

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.

ADVERTISEMENT

Up Next

Karnataka HC expands loss of consortium compensation to adult children

Karnataka HC expands loss of consortium compensation to adult children

CISF is deployed at Bhakra Dam to enhance security

CISF is deployed at Bhakra Dam to enhance security

27 Naxals neutralized in major Bastar operation

27 Naxals neutralized in major Bastar operation

Mamata Banerjee flags Nepal tea threat to Darjeeling

Mamata Banerjee flags Nepal tea threat to Darjeeling

Delhi police bust ₹24 lakh investment fraud

Delhi police bust ₹24 lakh investment fraud

Supriya Sule emphasizes unity in India's fight against terrorism

Supriya Sule emphasizes unity in India's fight against terrorism

ADVERTISEMENT

editorji-whatsApp

More videos

Centre defends Waqf Act in Supreme Court

Centre defends Waqf Act in Supreme Court

Wife murdered in Ahmedabad; husband caught in Mumbai

Wife murdered in Ahmedabad; husband caught in Mumbai

NSE CEO meets FM, backs Viksit Bharat

NSE CEO meets FM, backs Viksit Bharat

Hathras stampede case hearing set for June 4

Hathras stampede case hearing set for June 4

MGNREGA's Aadhaar-Based Payment System faces criticism

MGNREGA's Aadhaar-Based Payment System faces criticism

Karnataka bans underground parking in Bengaluru's low-lying areas

Karnataka bans underground parking in Bengaluru's low-lying areas

Sudha Murthy celebrates Kannada literature's global triumph

Sudha Murthy celebrates Kannada literature's global triumph

Assam cabinet approves major developmental initiatives

Assam cabinet approves major developmental initiatives

Andreas Modlmayer appointed MD & CEO of BMW India

Andreas Modlmayer appointed MD & CEO of BMW India

Ram temple in Ayodhya is nearing completion with a major consecration ceremony

Ram temple in Ayodhya is nearing completion with a major consecration ceremony

Editorji Technologies Pvt. Ltd. © 2022 All Rights Reserved.