Accident death: Karnataka HC orders enhanced compensation of Rs 22.80 lakh against tribunal’s Rs 77,000

The court observed that the accident victim was a bachelor, and in Indian societies, even bachelors contribute their income for the family and it is considered as family income.

Bengaluru: The Karnataka High Court ordered an enhanced compensation of Rs 22.88 lakh to the family members of an accident victim as against Rs 77,000 awarded by the Motor Accident Claims Tribunal at Kalaburagi. A division bench comprising Justices HP Sandesh and TM Nadaf observed that the accident victim was a bachelor, and in Indian societies, even bachelors contribute their income for the family and it is considered as family income.

The accident had taken place on January 23, 2020 when Roshan Dhargi, a pigmy collector, (24) was returning from Humnabad to Kalaburagi in a car along with his friends. On reaching near Kudremukha Guddha at around 12.30 am, the car rammed into a truck from behind. Roshan Dhargi, who was seated next to the driver’s seat, sustained serious injuries and died on his way to the hospital. His parents, Eshwar and Kalpana, moved the tribunal seeking compensation.

On July 11, 2023, the tribunal awarded Rs 77,000 as compensation, observing that the father of the deceased was a government employee and that the mother, who could have been considered as dependent, died during the pendency of proceedings. Hence, no compensation can be awarded for loss of dependency, the tribunal stated. Challenging this order, Eshwar along with his three other children, contended that the brothers and sisters of the deceased, as legal representatives, can seek compensation.

On the other hand, the insurance company, insurer of the car, argued that the deceased’s sisters and brother were not brought on record before the tribunal. Before the tribunal, the insurer had also contended that the accident was on account of contributory negligence on the part of the deceased, since he was not wearing a seat belt.

The division bench noted that the deceased was a bachelor and along with the parents, was staying with his sisters and brother. The bench also said that dependency on the contribution should be taken, even though not entirely dependent on the income of the deceased.

“The fact that the deceased was a bachelor and in Indian society, even the bachelors also contribute their income for the family and the same is considered as family income for social developments, so also for the upliftment of status in society, as the same would be a source of family income for the benefits of entire family members sharing the roof and the same is also beneficial to the family consisting of sisters and brothers as well as parents,” the bench said.