HC enhances compensation for kin of accident victim

The Madras High Court's Madurai bench on Monday enhanced by nearly four times the compensation awarded by a tribunal to the kin of a pregnant woman, who died in a road accident in 2010.

Justice N Kirubakaran, while disposing of an appeal filed by Oriental Insurance Company Ltd, said the woman was six months pregnant when she died in a road accident in 2010 and the foetus should be considered a living person.

The compensation was increased from Rs 5.34 lakh to nearly Rs 20 lakh.

The woman's husband and their son, a minor, were to get a compensation of Rs 2.5 lakh towards the death of the unborn child.

Besides the minor, whose mother had died when he was two years old, should be awarded Rs 2 lakh. In addition, Rs 1 lakh should be paid for the loss of love and affection for the child, enhancing the compensation of the Motor Vehicles Accident Tribunal for the same from Rs 10,000, the judge said.

The husband was entitled for more compensation as his wife died at the young age of 22. Hence, the loss for consortium was enhanced from Rs 15,000 to Rs one lakh.

Referring to whether future prospects have to be included in the income of the deceased,the judge said the deceased was only 22 years old and every year wages were going up as the cost of living is rising.

Hence, he said, 50 per cent more should be added to wages, likely to be earned by the deceased, and Rs 12.96 lakh should be awarded.

The amount should be deposited in six weeks, the judge said.

The accident took place when a mini-van hit her on August 7, 2010.