Give Rs22L compensation to hubby, parents & sister for woman’s death: HC tells insurer

Nagpur: Holding that the husband along with the working woman’s parents and younger sister are entitled for compensation after her death, the Nagpur bench of Bombay high court directed the National India Insurance Company to pay Rs22.40 lakh, which would be distributed equally among them.
“The deceased was contributing not only to the husband’s family but also to her parents. Though the parents were not completely dependent, her contribution in their family cannot be ignored. If she would not have earned, it was the husband who has to incur the expenses towards her education and maintenance,” justice Urmila Joshi-Phalke said.
The 22-year-old Chandrapur woman, who was married to a man from Yavatmal, met with an accident on March 13, 2010, where she lost her life. She was hit by a truck insured with National India.
The woman’s husband, her parents and sister approached the Chandrapur Motor Accident Claims Tribunal (MACT) for Rs21 lakh compensation contending that the deceased had a bright career after her architecture degree and was earning Rs2.10 lakh per year through her business.
Opposing their contentions, the insurance company claimed that the woman was talking on a mobile phone while driving and also not wearing a helmet. Therefore, she was not entitled for compensation. The MACT awarded Rs9.47 lakh compensation to the husband, her parents and sister.
The petitioners then moved HC though counsel Mohit Khajanchi contending that the MACT had not considered the deceased’s income and her future prospects and awarded inadequate compensation.
“Even if it is assumed that the deceased was spending 50% of earnings on her own and the rest on her matrimonial family, then also the petitioners are entitled for compensation by applying the multiplier method. They have made out a case for enhanced compensation as tribunal had not considered the said aspect,” justice Phalke-Joshi said while directing National India to deposit the enhanced amount within three months.
Stating that the death of a child causes great shock and agony to the parents, the judge said the greatest agony is to lose them during their lifetime. “Here also, the parents lost their young daughter during their lifetime. It was great shock and agony for them, therefore, they are entitled for filial consortium.”
Rejecting the insurance company’s argument that the husband had performed a second marriage after wife’s death and, therefore, he was not entitled for the compensation, the judge said it would be highly improper to compel him to lead the life of a widower.
“Due to wife’s death, he had definitely undergone some pain and suffering. The concept of loss of consortium in legal parlance is the right of the spouse to the company, care, health, comfort guidance, society, solace, affection and sexual relations with his/her health. In case of loss of companionship, love, care and protection, the spouse is entitled to receive some amount towards compensation,” justice Phalke-Joshi said.