BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., BELGAUM BRANCH Vs. NAVINCHANDRA REVAJIBHAI PATEL AND OTHERS

JUDGEMENT

(1.) THE deceased in MVC 1535/96 is one Kumar Snehal alias Vishal Navinchandra Patel, minor boy aged about 11 years. The Tribunal awarded compensation of Rs. 304176.83 paise with interest at 9% p.a., from the date of petition till realisation. This Court in Smt. Puttamma v. D.V. Krishnappa reported in ILR 1999 Kar 69 has held that the minimum compensation payable in case of death of minor child is Rs. 150000/ -. The parents are the petitioners and they contend that after the death of their child the mother had to go for artificial insemination for begetting a child, for which, it is said that they spent Rs. 12,4000/ -. The said amount is also claimed as damages. The treatment taken by the petitioners to beget a child by artificial insemination is only a remote consequence and not an immediate consequence of the actionable injury.

(2.) IN that view, the petitioners are entitled to a compensation of Rs. 15,0000/ -with interest at 6% p.a., from the date of petition till payment as against Rs. 304176,83 paise awarded by the Tribunal.