The Hindu : Accident victim to get Rs. 14 lakh

Online edition of India's National Newspaper
Monday, Feb 23, 2004

Karnataka

Karnataka

Accident victim to get Rs. 14 lakh

By Our Staff Reporter

BANGALORE. FEB. 22. The High Court on Saturday enhanced the compensation awarded to a road accident victim from Rs. 1.48 lakh to Rs. 14 lakh.

A Division Bench comprising Justice S.R. Nayak and Justice Rammohan Reddy observed that the values of life and limb had not received due consideration by the Motor Accident Claims Tribunal in this case. The compensation determined "was very much mean and totally unfair". The Bench was hearing an appeal filed by K. Narasimha Murthy, a former constable of the Central Reserve Police Force (CRPF), Yelahanka.

He was hit by a car of Mysore Chemicals on April 21, 1996 when he was sitting on the footpath on Bangalore-Dodaballapur Road at Puttenahalli.

Mr. Murthy was discharged from service on March 16, 2000 after the medical board ruled that he was permanently incapacitated for service in CRPF. Meanwhile, he approached the tribunal and sought a compensation of Rs. 10 lakh. This was later revised to Rs. 25 lakh. But the tribunal awarded a compensation of only Rs. 1.48 lakh with nine per cent interest. Aggrieved by this, Mr. Murthy filed an appeal before the High Court, which observed that the tribunal's decision of awarding nine per cent interest was fair and just.

It, however, enhanced the compensation and observed that the "courts and tribunals while awarding compensation should approach the issue from a larger perspective of justice and equity and eschew technicalities in decision making. There should be a realisation that the possession of one's body is the first and most valuable of all human rights. Bodily injury should be treated as a deprivation which entitles a claimant to damage."

Of the total compensation, the court awarded Rs. 10.80 lakh towards loss of future income, Rs. 1 lakh towards loss of amenities of life and frustration, Rs. 50,000 towards pain and suffering, Rs. 55,800 towards attendant charges and travel expenses, Rs. 20,000 for special food and nutrition, Rs. 76, 320 towards loss of income during the lay off period, and Rs. 20,000 towards future medical expenses.

The court directed the insurance company to deposit the money within a month.

The tribunal was directed to deposit 50 per cent of the compensation and proportional interest in a term deposit initially for five years.

The remaining amount was to be handed over to the appellant.

Upheld

A Division Bench comprising Justice Majage and Justice Bannurmath upheld the order of a lower court sentencing a resident of Banahatti in Bagalkot district to life imprisonment.

The Second Additional Sessions Judge of Bijapur on January 23, 2001 convicted Suresh for murdering his father, Shivashankar Bhadrannavar, with a pestle. When the case came up before the High Court, the order of the lower court was upheld.

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