Karnataka HC Raises Accident Compensation For Driver’s Widow And Son To ₹7.82 Lakh

The claimants, the deceased Somashekaraiah’s wife and son, appealed against the award of ₹5,64,000 for his death in a 2011 road accident, seeking enhancement.

The insurer separately appealed, contending that the award was excessive.

The accident and the insurer’s liability were admitted; the deceased was 48 years old, and although the claimants asserted he earned ₹15,000 per month as a driver, they produced no proof of income.

The Tribunal had assessed his monthly income at ₹3,000 and deducted one-third for personal expenses.

The insurer argued that the adult son was not a dependant and that a 50% deduction should apply; the claimants sought assessment at ₹6,500 per month, 25% future prospects, and increased compensation for loss of love and affection.

The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988.

The Court reassessed compensation by determining the deceased’s income, adding future prospects, applying an age-based multiplier and a deduction for personal expenses, and separately assessing conventional heads of loss.

The judgment cites no precedents or specific statutory provisions governing those calculations.

In the absence of income evidence, the Court considered ₹6,500 per month appropriate for a 2011 accident and added 25% for future prospects, noting the deceased’s age and that he was a car driver who could have been self-employed.

Applying a multiplier of 14 and a 50% deduction for personal expenses, it assessed loss of dependency at ₹6,82,500.

It considered the existing ₹30,000 award for loss of love and affection inadequate, including because the adult son had lost his father’s guidance, and reassessed that head at ₹70,000; funeral expenses and transportation charges remained unchanged.

The award was modified from ₹5,64,000 to ₹7,82,500, with the enhanced compensation carrying interest at 6% per annum from the date of the petition until realization.

The insurer was directed to deposit the enhanced amount with accrued interest within eight weeks; the statutory deposit and accrued interest were to be transmitted to the Tribunal for disbursement.