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Karnataka High Court
Judges : K.SREEDHAR RAO
BHAWARIBAI - Appellant
Versus
NEW INDIA ASSURANCE CO.LTD. - Respondent
M. F. A. 5413 Of 2001
Decided On : 08/04/2005
Advocates Appeared :
G.NARAYANA RAO, H.J.Sanghvi, S.V.HEGDE MULKHAND
Case Referred : ILR 1999 Kar SN 69
Motor Vehicles Act, 1988 -Section 166 -Compensation -Personal injuries -Minor -Rs. 72,000/- awarded as against Rs. 29,871 /- awarded by Tribunal. - [K. Sreedhar Rao, J.] - The notional income of the petitioner is to be assessed at. Rs.15,000/- p.a. On re-examination of the facts and evidence Rs. 30,000/ - to be awarded for pain and agony. Medical bills are produced for Rs.4,875/-. In all the petitioner is to be granted Rs. 10,000/ - towards for medical expenses and incidental charges relating to treatment. Rs. 27,000/- is to be awarded for loss of future income on account of disability. In all the petitioner is entitled to a total compensation of Rs. 72,000/- with interest at 6% from the date of the petition as against Rs. 29,871/- awarded by the Tribunal.
Motor Accident Claims -Quantum of Compensation -Personal injuries -Abortion due to accident -House-wife -Income assessed at Rs. 1,500/- -Rs. 2,01,000/- awarded. - [K. Sreedhar Rao, J.] - The petitioner is entitled Rs.1,50,000/- for abortion. The petitioner further awarded Rs.30000/- towards pain and aqony. Medical bills are produced for Rs.7000/-. In all, the petitioner to be awarded Rs. 15000/- towards medical expenses and incidental charges relating to treatment. For loss of service of the petitioner to the family after abortion for a period of 4 months is assessed at Rs. 6,000/-. In all, the petitioner is entitled to a total compensation of Rs. 2,01,000/- with interest at 6% from the date of the petition till payment as against Rs. 82,199/- awarded by the Tribunal.
Case Referred : ILR 1999 Kar SN 69.
Motor Vehicle Act, 1988 -Section 166 -Compensation -Abortion due to accident -House-wife -Income assessed at Rs. 1,500/- -Rs. 2,01,000/- awarded. - [K. Sreedhar Rao, J.] - The petitioner is entitled Rs.1,50,000/- for abortion. The petitioner further awarded Rs.30,000/- towards pain and aqony. Medical bills are produced for Rs.7,000/-. In all, the petitioner to be awarded Rs. 15,000/- towards medical expenses and incidental charges relating to treatment. For loss of service of the petitioner to the family after abortion for a period of 4 months is assessed at Rs. 6,000/-. In all, the petitioner is entitled to a total compensation of Rs. 2,01,000/- with interest at 6% from the date of the petition till payment as against Rs.82,199/- awarded by the Tribunal.
Case Referred : ILR 1999 Kar SN 69.
Motor Vehicles Act, 1988- Section 166 -Abortion due to accident - Death of foetus should be treated on par with death of a minor.
Case Referred : ILR 1999 Kar SN 69.
Motor Vehicles Act, 1988 -Section 166 -Compensation - Death of minor -Minimum compensation payable is Rs. 1,50,000/-.
Case Referred : ILR 1999 Kar SN 69.
Motor Vehicles Act, 1988 -Section 166 -Compensation -Personal injuries -Minor -Fracture of hip and metacarpal bone -Disability assessed at 50% - 65% -Total body disability assessed at 20% -Rs. 1,49,000/- awarded as against Rs. 61,000/- awarded by Tribunal. - [K. Sreedhar Rao, J.] - The petitioner is a minor. His notional income to be petitioner to be assumed. at Rs.15,000/- p.a. On re-examination of the facts and. evidence, the petitioner is entitled to Rs.40,000/- towards pain and aqony. Medical bills are produced for Rs.6,000/-. In all the petitioner .is to be awarded Rs.15,000/- toward a medical expenses and incidental charges relating to treatment:. Rs. 20,000/- .is to be awarded for loss of amenities and discomfort. Rs.54,000/-(3000X18) to be awarded for loss of future income on account of disability. Rs.20,000/- to be awarded towards loss of marriage prospectus. In all the petitioner is entitled to a compensation of Rs.1,49,000/- with interest at 6% from the date of the petition till payment as against Rs. 61,000/ - by the Tribunal.
Case Referred : ILR 1999 Kar SN 69.
( 1 ) ALL the appeals arise out of the same accident.
( 2 ) PETITIONER in M. V. C. No. 37 of 1995 was pregnant at the time of the accident and suffered abortion on account of the accident. Petitioner was inpatient for about 12 days in the hospital. The petitioner is a housewife; her income to be assessed at rs. 1,500 p. m.
( 3 ) IN the case of abortion and death of foetus in the womb should be considered on par with the case of a death of a minor. This court in Puttamma v. D. V. Krishnappa, 2000 ACJ 103 (Karnataka), has held that for a death of a non-earning minor, the minimum compensation payable shall be rs. 1,50,000. Therefore, the petitioner is entitled to Rs. 1,50,000 for abortion. The petitioner was further awarded Rs. 30,000 towards pain and agony. Medical bills are produced for Rs. 7,000. In all, petitioner to be awarded Rs. 15,000 towards medical expenses and incidental charges relating to treatment. For loss of service of petitioner to the family after abortion for a period of 4 months is assessed at Rs. 6,000.
( 4 ) IN all, the petitioner is entitled to a total compensation of Rs. 2,01,000 with interest at 6 per cent from the date of the petition till payment as against Rs. 82,199 awarded by the Tribunal.
( 5 ) THE petitioner in M. V. C. No. 39 of 1995 sustained fracture of right hip joint and fracture of metacarpal bone in a motor vehicle accident. The fracture is healed. The limb disability assessed by the doctor is 50-65 per cent. The total body disability to be assessed at 20 per cent. Petitioner is a minor. His notional income to be assumed at Rs. 15,000 p. a.
( 6 ) ON re-examination of the facts and evidence, petitioner is entitled to Rs. 40,000 towards pain and agony. Medical bills are produced for Rs. 6,000. In all the petitioner is to be awarded Rs. 15,000 for medical expenses and incidental charges relating to treatment. Rs. 20,000 is to be awarded towards loss of amenities and discomfort. Rs. 54,000 (Rs. 3,000 x 18) to be awarded for loss of future income on account of disability. Rs. 20,000 to be awarded for the loss of marriage prospects. In all the petitioner is entitled to a compensation of rs. 1,49,000 with interest at 6 per cent from the date of the petition till payment as against Rs. 61,000 by the Tribunal.
( 7 ) THE petitioner in M. V. C. No. 47 of 1995 is a minor. He sustained fracture of right leg. Total body disability assessed at 10 per cent. The notional income of the petitioner is to be assessed at Rs. 15,000 per annum.
( 8 ) ON re-examination of the facts and evidence Rs. 30,000 to be awarded for pain and agony. Medical bills are produced for rs. 4,875. In all, petitioner is to be granted rs. 10,000 towards medical expenses and incidental charges relating to treatment. Rs. 27,000 is to be awarded for loss of future income on account of disability. In all the petitioner is entitled to a total com-pensation of Rs. 72,000 with interest at 6 per cent from the date of the petition as against Rs. 29,871 awarded by the Claims tribunal.
( 9 ) ACCORDINGLY, the appeals are allowed as indicated above. Rest of the award of the Tribunal is confirmed. Orders accordingly.
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