Allowed

Smt. Nirmal W/O. Gangappa Basapure, v. Shri. Duradundi W/O. Girimallappa Badakundri

Karnataka HC13 Sept 2024MFA/100682/2017

Case brief

AI extract

What is this about?

Claimant injured in a road accident while seven months pregnant; foetus died in the womb. Tribunal awarded Rs.50,000/-. On appeal relying on precedents on stillborn-child compensation and adjusting for inflation, the High Court enhanced compensation to Rs.3,00,000/- with 6% interest payable by the vehicle owner.

What the court decided

AI extract

Smt. Nirmal W/O. Gangappa Basapure, Vs Shri… — Motor Accident Claims | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13131 MFA No. 100682 of 2017

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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MISCELLANEOUS FIRST APPEAL NO. 100682 OF 2017

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BETWEEN:

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SMT. NIRMAL W/O. GANGAPPA BASAPURE, AGE: 36 YEARS, OCC: HOUSEHOLD WORK, R/O: KURANI, TQ: HUKKERI, DIST: BELAGAVI, NOW AT H.NO. 1610, KANGRALI B.K, NAIK GALLI, BELAGAVI - 590010.

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…APPELLANT

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(BY SMT. GEETHA K. M @ PAWAR, ADVOCATE)

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AND:

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SHRI. DURADUNDI W/O. GIRIMALLAPPA BADAKUNDRI, AGE: 67 YEARS, OCC: AGRICULTURE, R/O: HANCHINAL, TQ: HUKKERI, DIST: BELAGAVI. (OWNER OF TRAX VEHICLE BEARING NO. KA-23/M-2560).

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…RESPONDENT

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BHARATHI H M

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Location: HIGH COURT OF KARNATAKA

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(RESPONDENT SERVED)

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THIS MFA FILED U/S.173(1) OF MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD IN MVC NO.2611/2015 DATED 25.10.2016, PASSED BY THE COURT OF THE XI ADDL. DISTRICT & SESSIONS JUDGE AND ADDL. MACT, BELAGAVI AND AWARDS A REASONABLE COMPENSATION IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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2 - NC: 2024:KHC-D:13131 MFA No. 100682 of 2017

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ORAL JUDGMENT

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This appeal is filed by the claimant seeking enhancement of the compensation awarded in the judgment dated 25.10.2016 by MVC No.2611/2015 by XI Addl. District and Sessions Judge and Addl. MACT, Belagavi.

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The appellant/claimant was a pregnant lady sustained injury in a road traffic accident which occurred on 30.12.2010 and at that time, she was carrying seven months baby in the womb. The said injuries caused in the accident affected health of the appellant/claimant and also of the foetus. As a result, there was a death of foetus in the womb itself. The foetus was subjected to postmortem. The appellant/claimant made a claim petition seeking compensation. The Tribunal after recording the evidence, has awarded global compensation of Rs.50,000/- along with interest at the rate of 9% p.a. The appellant/claimant is seeking enhancement of the compensation as awarded by the Tribunal.

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3 - NC: 2024:KHC-D:13131 MFA No. 100682 of 2017

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Heard, learned counsel for the appellant and

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learned counsel for the respondent.

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The co-ordinate Bench of this Court in the case of The Divisional Controller, B.T.S Division, Karnataka State Road Transport Corporation V/s Vidya Shindhe and Others has awarded compensation of Rs.1,50,000/- on account of death of two days baby. In the said case, as an impact of the accident, pregnant lady who has sustained grievous injuries and underwent surgery, gave birth to a male child which died after two days.

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The co-ordinate Bench in the case of Bhawaribai and Another V/s New India Assurance Co. Ltd. And Another¹ decided on 04.08.2005 has awarded compensation for death of a foetus in the womb, Rs.1,50,000/- for abortion, Rs.20,000/- towards Pain and agony, Rs.15,000/towards medical expenses and Rs.6,000/- for loss of service of the pregnant lady to the

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1 2006 ACJ 2085

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4 - NC: 2024:KHC-D:13131 MFA No. 100682 of 2017

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family after abortion. Delhi High Court in the case of Prakash and Others V/s Arun Kumar Saini and Another decided on 05.02.2010 has awarded compensation of Rs.2,50,000/- for death of seven months old foetus. The Hon’ble Apex Court in the case of National Insurance Company Ltd. V/s Kusuma and Another in Civil Appeal No.7212/2011 decided on 23.08.2011 has affirmed the award of compensation of Rs.1,80,000/- on account of death of a still born child. All the above cases are decided 10 years ago. So, considering the passage of time, decrease in the value of money, the amount of compensation on account of death of a still born child should be in a sum of Rs.3,00,000/-.

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