Bengaluru: The high court has increased the compensation awarded to three children of a teacher who lost her life in a road accident in 2020. The court ordered an enhanced compensation of more than Rs 17.5 lakh with 6% interest, modifying a tribunal verdict.
Kousar Taj, 39, was riding pillion on a motorcycle with her husband Ayub Khan when a lorry struck their vehicle near Sri Raja Talkies, Tumakuru, in Nov 2020.The Delhi Public School teacher sustained severe injuries and passed away while being transported to Nimhans, Bengaluru.
The victim's family had initially sought Rs 60 lakh in compensation from the lorry owner and United India Insurance Company, citing the driver's negligence. While her husband, a reserve police sub-inspector, did not file for dependency claims, the children pursued the case, stating they were dependent on their mother's income.
Although the Motor Accident Claims Tribunal, Tumakuru, awarded Rs 27.8 lakh in Sept 2023, the family challenged this amount as inadequate, considering their mother's career prospects and earning capacity.
A division bench, comprising Justices KS Mudagal and Vijayakumar A Patil, reviewed the case and calculated the compensation based on salary documents showing a monthly income of Rs 25,955. Citing the Supreme Court judgment in the National Insurance Company Limited versus Pranay Sethi and Others case, the bench determined the annual income to be more than Rs 4.3 lakh. It said the compensation payable was more than Rs 43.2 lakh.
The court also revised the compensation amounts for loss of consortium, and funeral expenses, directing the insurance company to pay the difference between the original and enhanced compensation amounts.
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