Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident
Case: Miss. Priyanka Pradeep Gavade V. The Divisional Manager
Coram: Justice P Krishna Bhat
Case No.: MFA NO. 25028 OF 2010
Court Observation: “The medical expert has stated that she has suffered 50% physical disability for the whole body. But the picture one gets from the evidence of the medical expert and perusal of the medical records is very bleak about the future prospects of this minor claimant.”
“Human body cannot be treated like an assemblage of its constituent parts. In other words, if the medical evidence is clinching on the aspect that a person who is a minor child cannot straighten her one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless so far as the person’s ability to work and earn livelihood is concerned. In the said larger sense, the minor claimant in this case has become functionally 100% disabled.”
“Unfortunately, human life is not mathematics. It is something more complex. Stark reality is that for such a person who has lost the proper use of some of the essential limbs in terms of their utility for earning purpose, it is over simplistic to say that he/she can earn some income by resorting to limb-wise arithmetic. Accordingly, the contention of the learned counsel for the Insurance Company is unacceptable besides being unreasonable.”
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Keywords
Dysfunctional Limbs, 100% Functional Disability, Minor Victim In Motor Accident
