Karnataka High Court Affirms Right to Dependency Compensation Regardless of Cohabitation

The Karnataka High Court has held that cohabitation is not a necessary condition for a spouse to claim compensation under the Motor Vehicles Act.  

Justice Ravi V. Hosmani allowed an appeal filed by Ningappa, stating that the onus lies on the insurance company to prove that the spouses were living separately, and not on the claimant to prove cohabitation.

The Court found no evidence that the deceased, Yallawwa, was living apart from her husband, or that she had lost dependency due to remarriage or infertility. The Court called the tribunal's earlier denial of compensation unlawful.

Applying the 2021 notional income chart, the Court awarded over ₹14.9 lakh with 6% annual interest from the claim's filing date.