Mother’s death in road accident: Karnataka HC tells children to recover ₹25 lakh compensation from ‘offender’ father
The Karnataka High Court ruled that two children must recover compensation for their mother's death from their father, who was driving the vehicle during the accident. The court denied the 'pay and recover' principle because the father lacked a valid license.
Why it matters
This clarifies legal liability in insurance cases where the offender is a family member and the policy terms were breached.
The High Court of Karnataka has said two children, both majors, will have to recover from their father the ₹25 lakh compensation, awarded by a tribunal for their mother’s death in a road accident, as the father’s negligence in driving the motorcycle had caused her death.
Justice Shivashankar Amarannavar passed the order while rejecting the appeals filed by the children seeking directions to the insurance company to pay the compensation to them as was awarded by the tribunal and recover the amount from their father, who owned the two-wheeler which was insured.
The tribunal, which had awarded compensation of ₹25 lakh with 6% interest to the children, had exonerated the insurance company from the liability while holding that the vehicle owner — the father of the claimant-children — must pay the compensation.
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