High CourtsSingle Bench(2005) 09 KAR CK 0060

The Branch Manager, United India Insurance Company Limited vs Navinchandra Revajibhai Patel and Others

Karnataka High Court · Decided on 21 September 2005 · Citation: (2005) 4 KCCR 2961

HON’BLE JUDGES
K. Sreedhar Rao, J
CASE NUMBER
Miscellaneous First Appeal No. 1482 of 2002

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Judgment

2 paragraphs · 185 words

K. Sreedhar Rao, J.—The deceased in MVC 1535 of 1996 is one Kumar Snehal @ Vishal Navinchandra Patel, minor boy aged about 11 years. The Tribunal awarded compensation of Rs. 3,04,176.83 paise with interest at 9% p.a., from the date of petition till realisation. This Court in Smt. Puttamma and Anr. v. D.V. Krishnappa and Anr. reported in ILR 1999 Kar 69 has held that the minimum compensation payable in case of death of minor child is Rs. 1,50,000/-. The parents are the Petitioners and they contend that after the death of their child the mother had go for artificial insemination for begetting a child, for which, it is said that they spent Rs. 1,24,000/-. The said amount is also claimed as damages. The treatment taken by the Petitioners to beget a child by artificial insemination is only a remote consequence and not an immediate consequence of the actionable injury.

2.

In that view, the Petitioners are entitled to a compensation of Rs. 1,50,000/- with interest at 6% p.a., from the date of petition till payment as against Rs. 3,04,176.83 paise awarded by the Tribunal.