The Karnataka High Court’s Dharwad bench on Tuesday substantially increased the compensation awarded to a girl in an accident case from 16 years ago, observing that "human life is not mathematics", according to a TOI report.
Justice P Krishna Bhat allowed the appeal on behalf of claimant Priyanka Pradeep Gavade of Belagavi and increased the compensation awarded to her to Rs 21.8 lakh, which was considerably higher than the Rs 4.4 lakh allocated to her by the Motor Accident Claims Tribunal, Belagavi, in September 2010.
On Oct. 24, 2006, Gavade was struck by a goods vehicle and dragged for 20 feet, which left her seriously injured, the report said. The bench observed that Gavade had become functionally disabled as a result of the accident, which took place when the claimant was seven years old. Despite Gavade's appeals for a greater compensation amount, the insurer had claimed that she was not completely disabled, a claim which Justice Bhat struck down on Tuesday.
"Unfortunately, human life is not mathematics," observed Justice Bhat in the order. "It is something more complex. The stark reality is that for such a person who has lost proper use of some of the essential limbs in terms of their utility for earning purpose, it is over-simplistic to say he/she can earn some income by resorting to limb-based arithmetic. Accordingly, the insurer's counsel is unacceptable, besides being unreasonable."
The new compensation amount includes Rs 14.6 lakh for Gavade's loss of earning capacity due to her permanent disability, Rs 3 lakh for the loss of future marriage prospects, and Rs 2 lakh for the loss of future happiness, the TOI report said. While Gavade had already been awarded Rs 4.4 lakh in 2010, Justice Bhat ordered New India Assurance Company, the insurer, to deposit the outstanding Rs 17.4 lakh before the tribunal within eight weeks.
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