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BENGALURU: The Karnataka high court awarded an enhanced compensation of Rs 22.5 lakh to the family of a deceased schoolgirl, noting that her income must be calculated under the provisions of the Minimum Wages Act. The bench, partly allowing the appeal filed by Lt Col Rajinder Singh Shekhawat and his wife Vanitha, was led by Justice Umesh M Adiga who observed that the Supreme Court had, in Hitesh Nagjibai Patel case, laid down this principle. On Nov 10, 2018, Diya Shekhawat (15), a class X student at Poornaprajna Education Centre, Bhadravathi, succumbed to injuries sustained in an accident. Her schoolbus hit an electric pole due to the driver’s negligence near Southikere of NR Pura taluk. Diya’s parents, claiming they lost their only daughter who was a bright student and good at sports, sought Rs 78 lakh in compensation. The Motor Accident Claims Tribunal at Shivamogga awarded them Rs 16.8 lakh in its order dated March 20, 2021. Dissatisfied, the parents and Sriram General Insurance Company filed separate appeals before the high court. The insurer of the offending bus argued the compensation was excessive, citing Supreme Court decisions in which awards ranged from Rs 3 lakh to Rs 5 lakh in fatal accident cases involving minors. Diya’s parents, on the other hand, contended the tribunal had failed to consider her prospects in computing the award. After perusing the materials on record, Justice Adiga noted the Supreme Court had directed compensation to be calculated based on prevailing minimum wages. The bench directed the insurer to pay an additional amount of about Rs 5.6 lakh with 6% interest to the claimants, over and above the compensation awarded by the tribunal, and dismissed the appeal filed by the insurance company.
