Motor Accident Compensation Can't Be Lower Merely Because Deceased Minor Was A Girl: Karnataka High Court

The Karnataka High Court has held that there cannot be any discrimination between a minor girl or minor boy while granting compensation for a motor accident.

In Kishan Gopal vs. Lala (2014), the Supreme Court had ruled that in the case of death of a minor in road traffic accident, the claimants would be entitled for compensation in a sum of Rs.5 lakh.

A single judge bench of Justice V. Srishananda said "In the case on, no doubt the victim is minor girl. There cannot be any discrimination between a minor girl or minor boy."

It thus modified the order passed by the motor accident tribunal by which it allowed the claim petition in part and granted a sum of Rs.2,25,000 to the parents and siblings of the deceased Roopa.

Roopa lost her life in a road traffic accident that occurred on 27.08.2010 at about 2.30 p.m. The unfortunate incident occurred when she had been to a petty shop to procure some household articles and was returning to the house. Accident occurred on account of the rash and negligent driving of the driver of the tractor.

The Tribunal on consideration of oral and documentary evidence placed on record, as the law existed governing the field of awarding compensation of a minor as on the date of passing the judgment, allowed the claim petition in part.

The claimants sought enhancement of compensation citing Kishan Gopal case.

Allowing the appeal the bench said, “parents and siblings of the minor girl are also entitled to be awarded with compensation in a sum of Rs.5,00,000 as against sum of Rs.2,25,000 awarded by the tribunal. Only on the ground that the deceased is a girl, the award of compensation cannot be different than what is held in the case of Kishan Gopal and another, supra.”

Appearance: Advocate Soubhagaya Vakkund for Advocate Y.Lakshmikant Reddy for Appellants.

Advocate M.K. Soudhagar for R2

Citation No: 2024 LiveLaw (Kar) 71

Case Title: Pallavi AND Mallamma & Others

Case No: MISCELLANEOUS FIRST APPEAL NO. 100618 OF 2014

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