'Greatest Agony Of Parent Is To Lose Child During Lifetime': Karnataka HC Enhances Compensation For Death Of 2Yrs Old In Motor Accident

Justice Shivashankar Amarannavar modified the order dated August 16, 2016, by which MACT had awarded a compensation of Rs 3.50 lakh to the petitioners.

Relying on the case of Kishan Gopal and Another vs. Lala and others where the Apex Court had awarded compensation of Rs.4,50,000/- towards 'loss of dependency' in case of death of a boy who was aged 6 years, the High Court ordered,

"Under the circumstances, I am inclined to rely on the judgment of the Hon'ble Apex Court in Kishna Gopal's case stated supra and award compensation of Rs.4,50,000/- towards 'loss of dependency' and Rs.50,000/- towards loss of love and affection, funeral expenses and transportation of a dead body and the total compensation comes to Rs.5,00,000/-."

Background

The 2-year old girl, daughter of petitioner Suresh had succumbed to the injuries in an accident that occurred on 19.04.2015. The petitioner had approached the High Court seeking an enhancement of the compensation awarded.

It was submitted that the deceased was aged 2 years at the time of the accident. In the case of this nature, it is difficult to assess the loss in pecuniary terms and that the Motor Vehicles Act, is also silent in providing any basis to award just compensation.

Counsel for the insurance company M/s National Insurance Company LTD opposed the plea and said the deceased was aged about 2-years and she is not an earning member of the family and the appellants are not dependents. Thus, whatever the compensation awarded by the Tribunal is just and proper.

Court findings:

The bench noted that it is difficult to assess the compensation in case of a death of a minor. The compensation as well as the future prospects cannot be decided on the basis of gender.

It observed,

"An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. The greatest agony for a parent is to lose their child during their lifetime. Children are valued for their love, affection, companionship and their role in the family unit."

The court then opined,

"Modern jurisdictions world-over have recognized that the value of a child's consortium far exceeds the economic value of the compensation awarded in the case of the death of a child. Most jurisdictions permit parents to be awarded compensation under loss of consortium on the death of a child. The amount awarded to the parents is the compensation for loss of love, affection, care and companionship of the deceased child."

Relying on the judgement of the Apex Court in the case of Kishan Gopal, the court increased the compensation amount to Rs.4,50,000, towards 'loss of dependency', Rs.50,000 towards loss of love and affection, funeral expenses and transportation of a dead body.

Case Title: Suresh v. D Ramesh

Case No: M.F.A. No.8030/2016

Date of Order: January 12, 2022

Citation: 2022 LiveLaw (Kar) 18

Appearance: Advocate Bhojaraja for petitioners; Advocate Anusha N, a/w Advocate C M Poonacha, for R2

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