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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Karnataka readies for deficit monsoon; CM Siddaramaiah orders water supply measures
Bengaluru (PTI): Warning of a likely deficit monsoon across the state, barring five districts, Karnataka Chief Minister Siddaramaiah on Thursday instructed deputy commissioners to take precautionary measures to prevent disruption to the drinking water supply.
The CM chaired a meeting with district-in-charge ministers, deputy commissioners, and Zilla Panchayat chief executive officers to review drinking water supply in rural and urban areas during the peak of summer.
"The meteorological department has predicted below-normal monsoon rainfall this year. There is a possibility of normal rainfall in August, while less rainfall is expected in September," Siddaramaiah was quoted as saying in a statement issued by his office.
"If there is any disruption in the drinking water supply, the respective Deputy Commissioners will be held responsible," he said, directing the Revenue, Panchayat Raj and Urban Development departments to coordinate closely.
Stating that most districts in the north interior region are likely to experience more hot days than usual between April and June, the CM asked deputy commissioners to take appropriate precautionary measures.
He said forecasts by the meteorological department should be taken seriously.
Public shade and drinking water facilities should be provided, he said, adding that there is no shortage of funds to ensure water supply.
He also said the Finance Department has been instructed to release funds based on reports from deputy commissioners.
A total of 213 taluks and 2,410 gram panchayats have been identified as potentially facing drinking water shortages during summer. At present, 598 gram panchayats across 114 taluks are facing shortages.
Drinking water is being supplied to 137 villages through 129 tankers. As many as 585 private borewells have been rented to supply water to 515 villages.
The CM said shortages are likely in several districts, including Kalaburagi (147 gram panchayats), Bagalkot (114), Belagavi (127), Chikkamagaluru (115), Haveri (138), Mandya (130), Tumakuru (141) and Uttara Kannada (125).
At present, 27 urban local bodies are facing water shortages, while 95 have been identified as vulnerable. A total of 145 wards are being supplied water through 57 tankers, and 22 borewells have been taken on rent.
Tankers should be used only in emergencies, with priority given to renting private borewells, he said, adding that borewells can be drilled if necessary.
Highlighting that 321.93 TMC of water is currently available in the state’s 14 major reservoirs—36 per cent of total capacity—Siddaramaiah said this compares with 330.35 TMC during the same period last year. "Sufficient water is available in reservoirs for drinking purposes at present," he said.
With the monsoon likely to be delayed, he directed officials to ensure adequate drinking water availability in reservoirs till mid-July.
Drinking water supply should be prioritised over irrigation, he said, directing officials to identify and repair leakages in reservoirs.
Public grievances related to drinking water should be addressed promptly, with control rooms set up at the taluk and ward levels. District-level task forces should function actively, he added.
Cautioning about possible disruption in fertiliser supply due to the situation in the Middle East, the CM directed officials to prevent hoarding and ensure timely availability to farmers.
"Ensure proper distribution of urea and DAP and prevent their diversion to other states," he said, adding that inspections at check posts should be intensified.
He noted that due to good rainfall over the past two years, there is no immediate shortage of fodder, but availability should continue to be monitored. The CM directed that task force meetings on drinking water be held in all taluks and reports be submitted.
He also stressed the need to prevent the supply of contaminated water, saying deputy commissioners are responsible for ensuring safe drinking water and preventing related health issues.
Officials were asked to continuously monitor fertiliser sales to ensure an adequate supply for eligible farmers.
"Some districts, including Haveri, have recorded higher fertiliser sales than last year. What is the reason?" he asked, calling for close monitoring to prevent shortages.
