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Karnataka

Karnataka High Court Rules Second Wife and Children Eligible for Accident Compensation


In a landmark judgment, the Karnataka High Court has ruled that the second wife and children of a deceased man are legally eligible to receive accident compensation if they were financially dependent on him. The court emphasized that while determining compensation in road accident fatalities, the dependents of the deceased must be carefully considered, expanding the definition of who qualifies for relief.

The division bench, comprising Justice Jayant Banerji and Justice Tara Vitasta Ganju, observed that the term "Legal Representative" carries a broad and inclusive definition under welfare legislation. This ruling came during the hearing of an appeal filed by the family members of the deceased, who had challenged a previous order passed by the Davanagere Motor Accident Claims Tribunal (MACT).

The court noted that both the first and second wives hold an equal right to compensation in road accident claims, provided dependency is established. Modifying the MACT's earlier order, the High Court stated that social welfare laws like the Motor Vehicles Act must be interpreted with high sensitivity to determine the true beneficiaries. Consequently, the bench directed the insurance companies to double the total compensation amount from 15 lakh rupees to 30 lakh rupees to ensure an equitable distribution among the second wife and her minor children.

To support its ruling, the bench cited a previous Supreme Court judgment which clarified that a legal representative is not strictly limited to the first wife, parents, and children. Instead, it encompasses anyone who suffers financial loss and relies directly on the deceased person's income. Following the historic verdict, a consensual moment unfolded on the court premises as the first and second wives mutually agreed to share the awarded compensation equally.

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