BHAWARIBAI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) ALL the appeals arise out of the same accident.

(2.) PETITIONER in M. V. C. No. 37 of 1995 was pregnant at the time of the accident and suffered abortion on account of the accident. Petitioner was inpatient for about 12 days in the hospital. The petitioner is a housewife; her income to be assessed at rs. 1,500 p. m.

(3.) IN the case of abortion and death of foetus in the womb should be considered on par with the case of a death of a minor. This court in Puttamma v. D. V. Krishnappa, 2000 ACJ 103 (Karnataka), has held that for a death of a non-earning minor, the minimum compensation payable shall be rs. 1,50,000. Therefore, the petitioner is entitled to Rs. 1,50,000 for abortion. The petitioner was further awarded Rs. 30,000 towards pain and agony. Medical bills are produced for Rs. 7,000. In all, petitioner to be awarded Rs. 15,000 towards medical expenses and incidental charges relating to treatment. For loss of service of petitioner to the family after abortion for a period of 4 months is assessed at Rs. 6,000.