Karnataka High Court says second wife of deceased also entitled to motor accident compensation

The Karnataka High Court recently held that since the second wife and daughter of a motor vehicle accident deceased were dependent on him, they would also be entitled to compensation [Asha & Anr v Ramakrishna S Ghatge & Ors].

A Bench of Justices Jayant Banerji and Tara Vitasta Ganju held that there can be no strict legal status to determine legal representatives who are entitled to compensation for the death of a person caused by a motor vehicle accident.

It thus enhanced a Motor Vehicle Accidents Claims Tribunal (MACT) award by ₹15 lakh taking into account that the deceased had a dependant second wife and a minor daughter from the second wife.

The Bench relied on a Supreme Court precedent to expand the definition of a legal representative of a deceased under the Motor Vehicles Act.

"The Supreme Court while examining the meaning of a legal representative as applicable to the amended MV Act has held that a legal representative need not necessarily be confined to the wife, husband, parent and child of the deceased and that every person who represents the estate of the deceased and also suffers on account of the death of a person in a motor vehicle accident should have a remedy for realisation of compensation."

The case stems from a claim to National Insurance Company (NIC) by a wife and mother of a flower crop agriculturalist who died in a road accident caused by a vehicle that was insured by NIC.

A claim was also made by the deceased's second wife and minor daughter whose relationship was not proven by the Court as the issue was not pertinent.

The Court said that no rigid formula could determine the percentage of deduction and that it would depend upon the facts and circumstance of every case.

"It is sufficient for the claimant to establish loss of dependency and that every legal representative who suffers on account of the death of a person in a motor vehicle accident is entitled to a remedy for realisation of compensation. The Court further held that the percentage of deduction towards personal expenses cannot be governed by a rigid formula or by the nature of relationship between the claimant and the deceased, and that the same depends upon the facts and circumstances of each case."

It further noted that the MACT had incorrectly fixed the deceased's monthly notional income at ₹10,000 whereas the standard rate for the year 2019 was ₹14,000 per month.

"Concededly, the notional income for the year 2019 is Rs.14,000/- per month and there is no dispute that at the time of the accident, the deceased was 34 years of age."

The Court directed the insurance company to pay an enhanced award of ₹15,02,400 along with an interest of 9% per annum to the 4 claimants.

The appellant mother and first wife of the deceased were represented by Advocate GJ Sunkapur.

Advocate HS Lingaraj appeared for the respondents.

[Read Order]