3 days ago
Karnataka high court enhances compensation to Rs 34.2L for accident victim who suffered neurological disabilities
Bengaluru: The Karnataka high court has awarded an enhanced compensation of Rs 34,23,330 to a Kalaburagi man, Devindrappa Talwar, who suffered long-term neurological disabilities due to an accident in 2019, when he still was a teenager.
This includes an additional Rs 26.5 lakh over Rs 7.6 lakh earlier granted by a Motor Accident Claims Tribunal in Kalaburagi.
Talwar's injuries included a left clavicle fracture, traumatic brain injury, right-side hemiparesis, partial hearing loss, and speech difficulties. At the time of the accident, he was a student and missed his examination. The tribunal had earlier assessed his disability at 10%. Talwar appealed, seeking a more realistic assessment.
Justice CM Joshi ruled that the tribunal failed to consider the extent of Talwar's neurological and cognitive disabilities. Medical reports showed he remains partially dependent in daily life and suffers from psychological impairments. The high court determined a cumulative disability of 51% and revised the functional disability to 60%, citing diminished earning capacity.
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Applying a notional monthly income of Rs 13,250 for 2019 and a multiplier of 18, based on Supreme Court guidelines and Karnataka State Legal Services Authority norms, the court recalculated the compensation accordingly.
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The revised amount is to be paid by the insurer.
The accident occurred on Feb 15, 2019, when Talwar, then an 18-year-old student, was riding pillion on a motorcycle from Malla (B) Village to Yelagod in Jewargi taluk. The motorcycle overturned on Wadagera-Sumbad road due to what was later established as careless driving, resulting in Talwar sustaining severe injuries.
Talwar was first treated at a govt hospital in Yadrami, then at United Hospital in Kalaburagi for 30 days, and later at Nimhans in Bengaluru for 48 days. Despite prolonged medical care, Talwar continues to experience permanent disabilities.
