In accident cases, injured persons can also be awarded compensation for future prospects. The Karnataka High Court made this observation while coming to the rescue of Hussain Basha, a mechanic from Bagalavada village in Manvi taluk of Raichur.
Basha, whose right arm up to shoulder was amputated following a road accident on April 2, 2016, had approached the high court for enhanced compensation. The court has now ordered for payment of Rs 24.1 lakh as total compensation, including Rs 22.5 lakh towards future prospects to Basha, higher than Rs 16.6 lakh fixed by the tribunal.
Relying on a couple of Supreme Court judgments in case of 'Pappu Deo Yadav vs Naresh Kumar and Others' and 'Jagadish vs Mohan and Others', a division bench comprising of Justice G Narendar and Justice MI Arun noted that a victim who suffers a permanent or temporary disability in an accident is entitled to compensation that covers aspects like pain, suffering and trauma, loss of income, including future earning, medical expenses and loss of expectations of life.
Observing that when the prevailing norm fixed by Karnataka State Legal Services Authority was ₹ 8,750 per month, the Motor Accident Claims Tribunal had erred in considering Basha’s monthly notional income as ₹7,500 despite recording 90 per cent disability, the bench said.
Basha, driving an MUV, was hit by a tractor near Srigeri Cross on SH-19 Road in Siruguppa taluk. He filed a petition before a tribunal at Ballari claiming that he was only 29 years and was earning ₹15,000 per month. However, the tribunal awarded him ₹6.6 lakh, holding that no proof is adduced with regard to his income.
The judgement has been delivered by a bench comprising of Justice G Narendar and Justice MI Arun on 13-11-2020.
Read Judgement Here:
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