Court says even earning childrendeserve compensation, awards Rs 8L | Bengaluru News

Bengaluru: Nearly two years after a 68-year-old stonecutter lost his life in a road accident, a Bengaluru court has awarded his family Rs 8 lakh in compensation. The order was passed by judge Shreyansh Doddamani of the 21st additional small causes court and motor accident claims tribunal on May 27.The fatal accident occurred on NH-75 near Bethamangala Cross in Kolar district on June 28, 2023. Rajappa, riding pillion on a motorcycle, was critically injured when a speeding car allegedly rammed the two-wheeler from behind. Thrown off the bike, he succumbed to his injuries at RL Jalappa Hospital later that evening.The resident of Shivaramapura in Kolar was a stonecutter and part-time farmer reportedly earning Rs 30,000 a month. His wife Narayanamma, and sons Amarnath SR and Manjunatha R filed a compensation claim of Rs 35 lakh under the Motor Vehicles Act, stating he was their primary breadwinner. While the car’s owner, Arun Kumar PR, confirmed valid insurance with Tata AIG General Insurance Co Ltd, both he and the insurer denied negligence. Tata AIG also questioned the validity of the driver’s licence and alleged policy violations, claims the tribunal rejected after examining the police chargesheet and supporting evidence.Police held the car driver responsible for the incident under IPC Sections 279 (rash driving), 337 (causing hurt), and 304A (causing death by negligence). The tribunal noted that the respondents failed to counter these findings or provide contrary evidence.Although the family claimed a monthly income of Rs 30,000 for the deceased, the court accepted a notional income of Rs 16,000 due to a lack of documentary proof, using Karnataka Legal Services Authority guidelines. It awarded Rs 6.4 lakh for loss of dependency. Additional compensation included Rs 48,400 in spousal consortium, Rs 18,150 each for loss of estate and funeral expenses, and Rs 40,000 each to the sons in filial consortium—bringing the total to Rs 8 lakh.The court ordered Tata AIG to deposit the compensation within a month, with 70% allocated to the wife and 15% each to the sons, along with 6% annual interest from the date of filing. Citing Supreme Court and Kerala High Court rulings, the judge affirmed that even adult, earning children are legal heirs entitled to compensation, noting, “Loss of a parent cannot be measured by financial dependence alone.”