BENGALURU: In a significant judgment, the Karnataka High Court ordered an insurance company to pay compensation of a total of Rs 32 lakh to a child who lost her legs at the age of two while crossing the Kudlu road to reach a petty shop run by her father.
Recently allowing the appeal filed by Kudlu-resident Laxmi, now 4-years old, against the Motor Accident Claims Tribunal, a division bench of Justice Raghvendra S Chauhan and Justice H T Narendra Prasad modified the Tribunal’s order dated January 3, 2014 by enhancing the compensation from Rs 16.50 lakh to Rs 32 lakh. The appeal was filed with the help of her father Ramlal.
The High Court observed that the grant of compensation is certainly not a charity being done by the Tribunal. “It is a constitutional duty performed by the Tribunal to ensure that the dignity of the individual is duly achieved,” it said.
“While dealing with the accident suffered by Laxmi, the Tribunal should have been well aware of the position of a girl child in our society. A child who has lost one leg and one foot cannot even enjoy the joys of daily activities,” the court said in a statement.
The court also said that childhood is not only full of innocent and joy, but also continues to be a memorable period of one’s life. But a child who has lost one leg and one foot cannot even enjoy the joys of
daily activities. Once the child grows up into an adolescent, and even into an adult, joys of life would continue to elude her.
“The sense of agony, frustration, depression generally haunts the existence of a person who is physically disfigured, and psychologically shattered. Yet, the Tribunal has granted merely Rs 50,000 for ‘the loss of amenities’. Therefore, the compensation is enhanced from Rs 50,000 to Rs 10 lakh,” the court said, talking about a part of the settlement.
The High Court has directed the Reliance General Insurance Company Limited to deposit the compensation along with interest rate of 6 per cent per annum, from the date of petition till the date of realisation before Tribunal.
Case history
At 7.30 pm on August 14, 2012, Laxmi was walking on the correct side of Kudlu Main Road, in order to reach her father’s shop located in front of Shubhalaxmi Complex. Suddenly, an Eicher Canter lorry rashly dashed against the child and ran over her legs.
She was rushed to a local hospital. Both the left leg and the right foot had to be amputated. After recovering from injuries, the child filed a claim petition through her father before the Tribunal.