Karnataka High Court hikes compensation to homemaker injured in accident

Bengaluru: The High Court of Karnataka has ordered Rs 10 lakh compensation with 6% interest to a homemaker from Bengaluru who sustained serious injuries when a motorcycle knocked her down. 

“As per the rulings of the Supreme Court, housewives have to be granted compensation on the basis of the multifarious service rendered by them for managing the entire family,” Justice K Manmadha Rao said. 

The accident occurred on February 7, 2017, when Hema Kulkarni, a resident of JP Nagar, was hit by a motorcycle while walking on the road.  She suffered a traumatic brain injury and other grievous injuries. She was admitted to a private hospital as an inpatient for 11 days, and underwent surgery and other medical procedures. 

On January 4, 2019, a tribunal partly allowed her claim petition and awarded her Rs 6,98,500 with interest at 6% per annum. It directed the motorcycle owner to deposit the compensation. 

Challenging this order, it was argued that the claimant is a homemaker and suffered traumatic brain injury and other grievous injuries and thus the amount awarded was meagre as she spent money on medication, including an operation. 

The insurance company contended that while there is no dispute regarding the ownership of the motorcycle, the motorcyclist had no valid driving licence as on the date of the accident. 

Justice Rao noted that the claimant underwent surgery and other complicated medical procedures. 

“Considering the nature of grievous injuries, the claimant must have been under rest and treatment for a period of 6 months. Considering the facts and circumstances of the case and the fact that claimant has undergone surgery and other complicated medical procedures, it is just and proper to enhance the compensation awarded by the tribunal. Therefore, the appellant-claimant would be
entitled to a lump sum compensation of Rs 10,00,000, instead of Rs 6,98,500/- awarded by the tribunal,” Justice Rao said. 

The court negated the insurance company’s defence on the tribunal exonerating it from paying compensation to the claimants on the ground that the rider did not possess valid driving license. 

“..as per Sub-Section (2) of Section 149 of Motor Vehicles Act, when the insurance company has established rider was not holding valid driving licence, then as per Sub-sections (1), (4), (7) of Section 149 of the Motor Vehicles Act, the insurance company shall satisfy the claim in respect of third parties and then recover the same from the owner of the offending vehicle,” the court said, directing the company to pay and recover the same from the vehicle owner.