Karnataka HC Adds Rs 64,000 To Road-Death Award, Recognising Deceased’s Parents, Brother And Sister For Consortium Compensation

The appellants, the deceased’s parents, brother and sister, sought enhancement of compensation awarded for his death in a road accident involving a school bus on 3 April 2018.

The Tribunal awarded ₹20,22,000, including ₹96,000 for loss of filial consortium, and directed the insurer to pay and recover the amount from the vehicle owner.

The claimants appealed, contending that consortium had been awarded to only two of them.

The insurer sought to maintain the pay-and-recover direction and requested notice to the owner before release of the deposited amount.

The appeal was brought under Section 173(1) of the Motor Vehicles Act.

The Court applied the principle that each of the deceased’s four claimants—his parents, brother and sister—was entitled to ₹40,000 for loss of consortium.

No precedent or further statutory provision was cited in the judgment for this assessment.

The Court identified the relationship of each claimant to the deceased and held that all four were entitled to ₹40,000 each for loss of consortium.

This produced a total entitlement of ₹1,60,000, compared with the Tribunal’s award of ₹96,000, leaving an enhancement of ₹64,000.

As the claimants sought no enhancement under other heads, the Court confined relief to consortium.

It also directed that the pay-and-recover arrangement continue and that the Tribunal secure the owner and obtain an undertaking before releasing the enhanced amount.

The claimants were awarded an additional ₹64,000 with interest at 6% per annum from the date of the petition until realization, but without interest for the 562-day delay in filing the appeal.

The enhanced amount is to be released to the claimants in the ratio 40:40:10:10.

The insurer may recover the amount from the vehicle owner, and the Tribunal must secure the owner and obtain an undertaking to pay the insurer before release.