Duty of tribunals, courts to award just compensation: Karnataka HC
BENGALURU: Taking note of a disability suffered by a claimant that has led to his marriage prospects being affected permanently, the Karnataka High Court observed that the mental trauma he has to undergo for the rest of his life is much more than the physical pain he has suffered after the accident.
A division bench of Justices SG Pandit and Anant Ramanath Hegde from the Dharwad Bench enhanced the compensation from Rs 3 lakh to Rs 17.68 lakh to Basavaraj from Haveri with 6% interest from the date of the accident on September 18, 2011.
The court noted that the duty is cast upon tribunals and courts to award just compensation to ensure that the mental trauma is mitigated and the claimant can live with some dignity and find some solace in the monetary compensation.
The 14-year-old student petitioner was walking on the road along with his father when a lorry came from behind and crashed into him. The claimant suffered 40 % permanent disability around his pelvic region and claimed a compensation of Rs 11.75 lakh, while the tribunal awarded Rs.3.73 lakh. The student later approached the HC.