Thursday, January 27, 2022

The man who suffered permanent disability to sexual organs in road accident, Karnataka High Court orders ₹17.68 lakh compensation

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The Court observed that the claimant has suffered an irreversible injury and his marriage prospects have been destroyed depriving him of the pleasure and benefits of married life.
The Dharwad Bench of the Karnataka High Court recently awarded ₹17.68 lakh as compensation to a man who was hit by a lorry, leading to permanent disability in his pelvic region and rendering him incapable of having a penile erection and sexual intercourse.
Kerala High Court increased the compensation awarded by the Motor Accidents Claims Tribunal (MACT) from ₹3.73 lakh to ₹17.68 lakh.

Referring to a judgement of the Supreme Court in 
Rekha Jain v. National Insurance Company
, the Court noted that the human rights angle must be taken into account.

"Possession of one's own body is the first and most valuable of all human rights and bodily injury should be equated with deprivation of basic human rights which entitles compensation depending upon the gravity of the injury," 

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