SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(Kar) 466

K.SREEDHAR RAO
BHAWARIBAI – Appellant
Versus
NEW INDIA ASSURANCE CO. LTD. – Respondent


K. SREEDHAR RAO, J.

( 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





Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top