Karnataka High Court hikes relief to woman accident victim's kin

Bengaluru: The high court has enhanced compensation to the dependents of a deceased accident victim, a housewife, while partly allowing an appeal filed by the husband and two sons.

The court cited an Apex Court judgement to rule that even in the case of a housewife, an addition towards future prospects is permissible while assessing compensation.

On October 21, 2014, Cheluvamba Arasu was travelling in a car on Bengaluru-Mysuru Road. On reaching Yellyur Kodi, Toobinakere, a truck collided with the car resulting in the death of Cheluvamba.   

The husband and two sons of the deceased moved the tribunal claiming that as wife and mother, Cheluvamba was managing the household work.

On May 15, 2019, the accident tribunal, Mysuru awarded Rs 7.6 lakh total compensation, including Rs 6.6 lakh towards loss of dependency, along with interest at the rate of 6% per annum. The family members filed an appeal before the high court seeking a higher compensation.

Justice Tara Vitasta Ganju noted that the deceased Cheluvamba was 55 years old at the time of accident.

“The Supreme Court in the case of Rajendra Singh v/s National Insurance Co. Ltd. held that even in the case of a housewife, an addition towards future prospects is permissible while assessing compensation. The court observed that the contribution of a housewife to the family would naturally increase with age, experience and maturity; therefore, an addition towards future prospects must be made to the notional income while computing the loss of dependency,” the court said.

It said the claimants are entitled to receive Rs 2,42,888 compensation over and above the amount awarded to by the tribunal and that the compensation under loss of dependency enhanced to Rs 8,22,888 as against Rs 6.6 lakh determined by the tribunal.