Karnataka High Court Enhances Compensation in Road Accident Case
The Karnataka High Court recently made a significant decision to increase the compensation for a 22-year-old man whose mother passed away in a road accident in 2015. This move comes after considering the Supreme Court’s landmark ruling on June 11, which acknowledged the economic contributions of homemakers’ unpaid domestic work, as seen in the case of Arun v Ravi.
High Court Adjusts Compensation Based on Supreme Court Guidelines
Justice Geetha KB of the Karnataka High Court enhanced the compensation by ₹43 lakh, using the Supreme Court’s guidance to redefine the value of the deceased homemaker’s contributions. The Supreme Court, in the case of Shishupal @ Shish Ram & Others v. Surjeet & Others, established a notional monthly income of ₹30,000 for homemakers in motor accident claims, emphasizing the need to account for ‘loss of domestic care’.
The Motor Accident Claims Tribunal (MACT) initially omitted this component, leading the High Court to recalculate the compensation. Justice Geetha KB remarked that the deceased was survived by her minor son and was solely responsible for his care, justifying the inclusion of ‘loss of domestic care’ in the compensation calculation.
Background and Legal Proceedings
The tragic accident occurred in July 2015, and the claimant, who was 13 years old at the time, lost his mother, the primary caregiver. In 2021, the MACT awarded ₹18,71,517 to the claimant. Dissatisfied with this amount, the claimant appealed to the High Court for an increased compensation.
The claimant’s legal counsel argued for a notional income of ₹30,000 per month for the deceased, aligning with the Supreme Court’s decision in Shishupal @ Shish Ram v. Surjeet. In contrast, the insurer contended that the deceased was engaged in weaving work and proposed using the Karnataka State Legal Services Authority (KSLSA) notional income chart for assessment.
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High Court’s Ruling and Final Compensation
After reviewing the arguments, the High Court found the claimant’s argument persuasive. On July 7, the Court ruled in favor of awarding a total of ₹53,76,000 under ‘loss of domestic care’, acknowledging the deceased’s role as a homemaker. Initially, the MACT had only allocated ₹10.7 lakh under ‘loss of dependency’.
The High Court also adjusted compensation under other categories, including loss of estate and funeral expenses, bringing the total compensation to ₹61,97,017. This decision grants the claimant an additional ₹43,25,500 beyond the tribunal’s original award.
Advocate Harish S Maigur represented the claimant, while Advocate NR Kuppelur appeared for United India Insurance Company Limited. The High Court’s decision to partially allow the appeal reflects a growing recognition of the economic value contributed by homemakers.
