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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
C.M. JOSHI
Neekita, D/o Shivakumar Swami – Appellant
Versus
Sharanagouda, S/o Bhimashankar Biradar – Respondent
JUDGMENT :
C M JOSHI, J.
This appeal is filed by the petitioner-Neekita, challenging the quantum of the compensation awarded by the learned I Additional Senior Civil Judge and MACT, Kalaburagi in MVC No.595/2021 dated 14.09.2022.
2. Little was known to the petitioner when she was traveling on the TVS XL two wheeler bearing No.KA.56.E.8031 along with her mother as a pillion rider that she would suffer an accident resulting in her almost amputation of her right hand. She was traveling on the aforesaid two wheeler driven by one Mallikarjun along with her mother as a pillion rider on 15.12.2020. The car bearing No.KA.28.P.7460 came from opposite side in rash and negligent manner and collided with the two wheeler resulting in the rider and the two pillion riders falling down and sustaining injuries. All of them were shifted to Dhanwantari Hospital, Kalaburagi.
3. A complaint was filed by one Jagannath, an eye witness to the accident before the jurisdictional police which resulted in FIR in Crime No. 102/2020 setting the criminal law in motion against the driver of the car. After investigation, the Investigating Officer filed chargesheet against the car driver alleging rash and negligent dri
The court established that for minors, compensation for injuries must follow established judicial precedents for assessing disability and notional income based on minimum wage guidelines.
The court established that compensation for minors must account for permanent disability and future earnings, advocating calculator methods based on minimum wage laws and appropriate multipliers.
The court established that the notional income for a minor in a motor accident claim must reflect just compensation, emphasizing the application of the multiplier system for calculating damages relat....
The competency of a minor witness to give evidence and the determination of compensation for permanent disability, future loss of income, pain and suffering, and non-pecuniary damages are crucial leg....
The court emphasized that compensation for a minor victim of a motor vehicle accident must be just and reasonable, reflecting the severity of injuries and lifelong dependency, irrespective of prior a....
The assessment of compensation in personal injury cases must fairly reflect the impact of permanent disability on the claimant's future earning capacity, not merely the physical impairment percentage....
The quantum of compensation in motor vehicle accident cases involving minors with permanent disability should be assessed considering their future life expectations and the need for future medical tr....
The assessment of compensation must reflect the unique circumstances of child victims and consider all factors including pain, suffering, and future medical needs.
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