Karnataka HC Orders 32 Lakh Compensation For Girl Who Lost Her Leg In A Road Accident
The Logical Indian Crew Karnataka
October 17th, 2018 / 11:50 AM
Image Credits: The New Indian Express
Setting an example, the Karnataka High Court ordered an insurance company to pay the compensation amount of Rs 32 Lakhs to an eight-year-old girl who lost her one leg and a foot six years ago in an accident, while she was crossing the road in Kudlu, Karnataka. The court doubled the grant amount considering that the girl child, with any disabilities, has to face a lot of challenges in our society because of the “patriarchal attitude of our society”.
According to The New Indian Express, while hearing the plea filed by the girl’s father, Ramlal, against Motor Accident Claims Tribunal, a division bench of Justices ordered to enhance the compensation. Earlier on January 3, 2014, the bench comprising of Justices Raghvendra S Chauhan and H T Narendra Prasad gave an order to provide a grant of Rs 16.5 Lakh to the victim-Laxmi Kumari. However, modifying its previous order the court has directed the tribunal to pay Rs 32 Lakhs along with a 6 % annual interest rate. The interest will be levied from the date of petition till the date of realisation before the tribunal, said the court. In the new order, the court has directed the Reliance General Insurance Co. Ltd. to pay the 50% of the total compensation amount to the family immediately and keep the rest of the amount in a fixed deposit till the girl turns 18.
While talking about the plight of accident victim the court said, “The tribunal should be sensitive to the needs of the victim of an accident. Instead of seeing the plight of the victim with myopic vision, from an hyper-technical view, from the confines of case law precedents, a holistic approach needs to be adopted.” The court has increased the compensation under various categories like under “pain and suffering”, “loss of prospects of marriage, disfigurement” and others.
The court pointed out that an average lifespan of a person in India in 77 which would mean that the girl would live for at least more than 70 years in “Pain”. Which is why the court increased the compensation of “Pain and suffering” category from Rs 2 lakh to Rs 5 lakh now.
The bench has also enhanced the compensation of ‘loss of amenities’ category. Earlier the tribune had awarded a compensation of Rs 50,000 for the girl under this category, but now the court has increased it to Rs 10 lakh.
The court also maintained that Laxmi’s prospect of “getting married is practically zero”. Keeping that in mind, the court modified the compensation under “loss of prospects of marriage, and disfigurement” from ₹2 lakh to ₹5 lakh.
While doubling the compensation, the court also said, “Even this amount cannot bring back the joys of childhood, but will at least restore the sense of fairness, justice and dignity in a child who seems to have lost the joys of her physical ability and almost all of her hopes.”
On August 14, 2014, Laxhmi who was two-year-old then was crossing the road in order to reach her father’s shop. Suddenly, a lorry rashly dashed against the child and ran over her legs. The child lost a leg and a foot in the accident.
Written by : Ridhima Gupta
Edited by : Shraddha Goled