Adult children too entitled to compensation for "loss of consortium" in fatal accidents: K'taka HC
Bengaluru (PTI): 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.
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Delhi's maximum temperature settles at 41.9 deg C
New Delhi (PTI): Delhi on Sunday recorded a maximum temperature of 41.9 degree Celsius, 1.5 notches above the seasonal average, according to the India Meteorological Department (IMD).
The minimum temperature settled at 25.9 degrees Celsius on Sunday morning, 0.6 notches below the seasonal average, the IMD stated.
The weather department predicted strong surface wind during the Monday morning, with the maximum and minimum temperature expected to hover around 44 degrees Celsius and 26 degree Celsius, respectively.
Relative humidity was recorded at 28 per cent at 5.30 pm.
The air quality was recorded in the 'moderate' category at 4 pm, with an Air Quality Index (AQI) reading of 174, Central Pollution Control Board (CPCB) data showed.
According to the CPCB, an AQI between zero and 50 is considered 'good', 51 to 100 'satisfactory', 101 to 200 'moderate', 201 to 300 'poor', 301 to 400 'very poor', and 401 to 500 'severe'.
