BENGALURU: Coming to the rescue of an accident victim who had suffered serious injuries in an accident about a decade ago when she was just a 7-year-old girl and her left leg got amputated below the knee, the Karnataka high court has awarded a modified, higher compensation of Rs 27,97,496.
This is against Rs.7,24,315 with 6% interest awarded by the Motor Accident Claims Tribunal at Harihar to Supriya a resident of Harihar town in Davanagere district.
In addition, the high court has also awarded her Rs 10.4 lakh towards four sets of artificial limb and another Re 5 lakh amount vis-a-vis maintenance of those artificial limbs throughout her life.
The National Insurance company has to pay this compensation. Setting aside the tribunal"s direction fixing the liability on the insured, i.e, the owner of the offending car, the high court has pointed out that car is nothing but a LMV as defined by the Supreme court in Mukund Dewangan"s case.
"Here is a case of a girl who was aged about seven years and she has to live with the amputation. Hence, she is entitled for an amount of Rs.2 6 lakh each for 4 artificial limb throughout her life and cost of artificial limb would be Rs.10.4 lakh The Supreme Court also awarded the compensation of Rs.5 lakh on the head of maintenance and that is in a case of 37-year-old victim", Justice HP Sandesh noted in his order while referring to the decision of the top court in Mohd . Saber alias Shabir Husain Vs UPSRTC case.
Victim Supriya was seriously injured when the car hit her, while she was walking on the left side of the road . Injured Supriya was in the hospital for a period of 25 days from October 15, 2013 to November 9,2013 and again for 5 days from April 14, 2014 to April 19,2014.
Her left leg was also amputated.
On January 12,2017, the tribunal awarded an amount of Rs.7,24,315 with 6% interest as compensation and fixed the liability upon the owner of the car.
Challenging the said order, the owner claimed that the tribunal has committed an error in fastening the liability upon him(the insured) and argued that the driver was having driving licence for non-transport vehicle valid up to November 7, 2029 .
Citing the Supreme court's decision in Mukund Dewangan Vs Oriental Insurance Company Limited case, it was argued that if the unladen weight of the vehicle is less than 7,500, no need of transport endorsement if vehicle is LMV and hence, liability has to be fastened on the insurance company instead of the insured.
On other hand, counsel for Supriya cited a recent Supreme court judgment wherein in a similar case, the top court had awarded Rs 53 lakh as compensation in the case wherein the accident victim was a six-year-old girl at the relevant time.
The Insurance Company however argued that the claimant Supriya can use artificial limbs independently as against the Supreme court's decision relied upon by her where it was felt that the victim will not be able to use any artificial limbs and would always have to depend for her daily course as she grows thus, higher compensation came to be awarded.
