Cohabitation not mandatory for accident compensation, rules Karnataka high court
Justice Ravi V Hosmani issued the ruling while partially allowing the appeal filed by a man whose wife died in a road accident in 2021.
The case pertains to Yallawwa, a 42-year-old highway maintenance worker who was fatally injured on July 7, 2021 after being struck by a lorry near the KSRTC bus stand in Nidagundi, Vijayapura district, on NH-50. Her husband Ningappa had filed a claim under Section 166 of the Motor Vehicles Act, seeking compensation for the loss of his wife.
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The insurance company, Reliance General Insurance, contested the claim, raising doubts over the accident details, the lorry driver's negligence, and even the claimant's dependency status. The company argued that the deceased had been living separately from Ningappa and therefore, he wasn't entitled to compensation under the category of "loss of dependency".
The Vijayapura motor accident claims tribunal awarded only Rs 70,000, citing references in the accident complaint suggesting the couple had been living apart.
Compensation for loss of dependency was denied.
Ningappa challenged the tribunal's ruling. In response, the insurer referred to a statement by Yallawwa's brother that she had been living separately after Ningappa allegedly remarried, as she was unable to conceive.
Justice Hosmani, however, noted inconsistencies in the claim. He pointed out that the brother had admitted to being illiterate and unaware of the contents of the complaint he had signed.
Further, the court found no evidence proving a second marriage by Ningappa, nor any findings through cross-examination.
Terming the tribunal's denial of dependency compensation unlawful, the judge ruled that separation can't be presumed without clear evidence. Citing the Karnataka State Legal Services Authority's notional income chart for 2021, the court fixed the deceased's monthly income at Rs 14,250 and calculated the total compensation at more than Rs 14.9 lakh. The amount will carry 6% annual interest from the day the original claim was filed.
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