HC awards Rs 2.5L under ‘loss of marriage prospects’ to accident victim

S Shyam Prasad | NT

Bengaluru: The High Court of Kar nataka, while enhancing the compensation for an accident victim, added Rs 2,50,000 under the head of “loss of marriage prospects.”

The HC noticed that while the accident happened when she was 18 years old, “that so far she is not married though she is aged 32 years.”

The overall compensation for the victim was enhanced to Rs 10,94,400 from Rs 2,65,000 which was awarded by the Motor Accidents Claims Tribunal (Mact).

The woman, a resident of Bengaluru was travelling in a scooter as a pillion rider near MS Ramaiah Residence on HMT Road on May 29, 2011 when a BMTC bus hit the scooter. Both the women on the scooter suffered injuries.

A complaint was filed before the Yesvantpur Traffic Police Station against the driver of the bus. A claim was also filed before the Mact seeking compensation of Rs 21 lakh.

The victim claimed that she had suffered multiple grievous injuries and her career and marriage prospects were affected. She had also spent a huge amount of money on medical expenses.

The Mact awarded a total compensation of Rs 2,65,000 which included Rs 40,000 for pain and suffering, Rs 1,00,000 for future medical expenditure, Rs 50,000 for permanent scars, Rs 25,000 for attendant charges and Rs 50,000 for ‘marriage prospects.’

She approached the HC seeking enhancement of the compensation in 2014. Her appeal was heard by the division bench of Justice KS Mudagal and Justice Ramachandra D Huddar who gave their judgement recently.

The HC found some lapses in the compensation awarded by the Mact. She had been hospitalised twice and in the first instance incurred Rs 79,954 and Rs 5,29,408 in the second instance.

The Mact rejected the first hospitalisation charges on the grounds that it was paid by her grandfather and uncle. The HC however said that “That was the pecuniary damage caused to the claimant and she remains obliged to the payers. Therefore the same is payable to her.”

The Mact had said that in the second hospitalisation, Rs 2,00,000 was paid by medical insurance and the rest was reimbursed by the employer of the mother of the victim.

The HC however said that “deduction cannot be allowed form the amount of compensation either on account of insurance or on account of pensionary benefits, gratuity or grant of employment to a kin of the deceased/victim.”

The HC held that the victim was entitled for the total medical expenses of Rs 6,09,362/- (79,954/- + Rs 5,29,408). As for marriage prospects, the HC said that, “The Tribunal has awarded compensation on the head of permanent scars and marriage prospects. As against that the Tribunal should have awarded compensation on the head of loss of amenities and loss of marriage prospects.”

The HC awarded a total compensation of Rs 10,94,400 which included Rs 1,00,000 for pain and suffering, Rs 6,09,362 for medical expenses, Rs 35,000 for attendant charges, diet and conveyance, Rs 1,00,000 for loss of amenities and Rs 2,50,000 for ‘loss of marriage prospects.’ (MFA 2450/2014)