High court upholds husband’s insurance claim

In a significant ruling, the Karnataka High Court has held that a husband is entitled to insurance compensation for the death of his wife in a road accident, even if the couple was not living together at the time of the incident.

Justice Ravi Hosamani, presiding over a single-judge bench, delivered the judgment while hearing a petition filed by Ningappa, the husband of the deceased woman. He had challenged the Motor Accident Claims Tribunal’s (MACT) decision to deny compensation on the grounds that the couple was not cohabiting. The court clarified that the Motor Vehicles Act does not mandate cohabitation as a condition for awarding compensation to the dependents of a deceased victim. It ruled that the relationship of marriage alone is sufficient to establish dependency for the purpose of compensation.

The court observed that records confirm the petitioner and the deceased were legally married. Therefore, on that basis alone, the petitioner is entitled to compensation under customary and legal grounds. It also dismissed the tribunal’s claim that the compensation sought did not constitute a valid loss. As a result, the court directed the insurer to pay ₹14,96,250 as compensation to the petitioner along with 6% interest from the date of the original petition. The amount must be deposited within six weeks from the date of the order. This ruling could set a precedent for similar disputes where technicalities are used to deny rightful compensation to dependents.