The Supreme Court has ordered an enhanced compensation of Rs 87 lakh for a child who was left permanently paralysed after a road accident nine years ago. The order significantly increases the Motor Accident Claims Tribunal’s original award of Rs 14.84 lakh, which the High Court had earlier raised by Rs 6 lakh.
Details of the Incident
The accident occurred in 2017 when the child, then aged seven, was hit by a speeding vehicle. The injuries resulted in permanent paralysis, requiring lifelong medical care and assistance. The family approached the Motor Accident Claims Tribunal, which awarded Rs 14.84 lakh in compensation. Dissatisfied, they appealed to the High Court, which increased the amount by Rs 6 lakh. Still not satisfied, the family moved the Supreme Court.
Supreme Court’s Rationale
A bench of Justices Surya Kant and Ujjal Bhuyan observed that the compensation must cover not only the immediate medical expenses but also the lifelong care and loss of future earnings. According to the court, the child’s permanent disability warrants a comprehensive assessment of future needs, including attendant care, medical treatment, and rehabilitation. The court noted that the earlier awards failed to account for the full extent of the child’s suffering and the financial burden on the family.
“The compensation must be just and fair, ensuring that the victim does not become a burden on the family,” the bench stated. The court relied on the principles laid down in previous judgments, including the case of Rajesh vs. Rajbir Singh, which emphasises a holistic approach to calculating compensation for permanent disabilities.
Calculation of the Enhanced Amount
The Supreme Court recalculated the compensation by considering the child’s future medical expenses, cost of attendant care, loss of future income, and pain and suffering. The court used the multiplier method, taking the child’s notional income as per the Second Schedule of the Motor Vehicles Act. The final amount of Rs 87 lakh includes Rs 30 lakh for medical expenses, Rs 25 lakh for future attendant care, Rs 20 lakh for loss of future earnings, and Rs 12 lakh for pain and suffering.
Impact and Reaction
The family’s lawyer expressed relief, stating that the enhanced compensation would help cover the child’s ongoing medical needs. The Supreme Court’s order sets a precedent for similar cases, emphasising the need for courts to take a pragmatic view of the long-term consequences of severe injuries. The Motor Accident Claims Tribunal and High Courts are now expected to follow this approach when assessing claims involving permanent disability.
