Victim Would Have To Be Under Supervision Of A Full-Time Skilled Attendant: SC Enhances Compensation In Motor Accident Case
The Supreme Court has enhanced the compensation in a motor accident case on the ground that the victim would have to be under supervision of a full-time skilled attendant.
The Court was dealing with a Civil Appeal questioning the validity of the final Judgment and Order of the Single Judge of the High Court, seeking enhancement of compensation.
The two-Judge Bench of Justice B.R. Gavai and Justice K.V. Viswanathan said, “… the appellant would have to be under the supervision of a full-time skilled attendant. Further, Dr. Monica Juneja (PW-3) has opined that the appellant suffers from severe apathy and has no control over the passage of her urine. Therefore, it is not difficult to see that the appellant would be requiring medical assistance in the form of medicines, diapers, etc., so as to live a relatively comfortable life.”
Advocate Aruna Mehta appeared on behalf of the Appellant while Advocate Ravi Bakshi appeared on behalf of the Respondents.
Factual Background -
The Appellant had approached the High Court seeking enhancement of the compensation awarded on account of injuries suffered in a motor vehicle accident. The Motor Accident Claims Tribunal (MACT), had by a Judgment and Order awarded compensation of Rs. 5,90,750/- along with interest at the rate of 7.5% per annum from the date of filing of the Claim Petition. The Single Judge had disposed of the Appeal seeking enhancement by granting a further amount of Rs. 5,60,000/- along with interest at the rate of 9% per annum from the date of filing till realization.
Aggrieved thereby, the Appellant approached the Apex Court. In 2009, the Appellant, aged seven years, was going on foot along with her mother and brother to her house from National Bal Bhawan, Kotla Road, New Delhi. At about 01:00 PM, when they reached a red light on Deen Dayal Upadhyay Marg and Vishnu Digambar Marg, ITO, Delhi, and were crossing the road on a zebra crossing, a car being driven at a high speed, hit the Appellant as a result of which she sustained grievous injuries.
The Supreme Court in view of the facts and circumstances of the case, noted, “Faced with such a situation, the family of the appellant must be financially equipped to deal with the medical conditions, current and potential. It would, therefore, be appropriate to enhance the compensation to be awarded under this head to Rs.5,00,000/-.”
The Court further noted that the High Court enhanced the rate of interest awarded by the Trial Court to 9% per annum from the date of the filing of the Claim Petition till the actual realisation and said that there is no error with the same and hence, maintained the rate of interest.
“We direct the Insurance Company (Respondent No. 2) to disburse the compensation awarded to the appellant as above. Obviously, the Insurance Company shall be entitled to adjust the amount already paid, if any”, it also directed.
The Court added that the Appellant has attained majority, however, since she was a minor at the time of the accident, at present an amount of Rs.10,00,000/- should be disbursed to her father as her guardian.
“If, however, an amount more than Rs. 10,00,000/- has already been disbursed, the said amount shall not be adjusted. We further direct that the rest of the amount be invested in one or more Fixed Deposits Receipts so as to attract the maximum rate of interest. The interest amount shall be payable to the guardian of the appellant every month. Further, it shall be open to the guardian to seek orders from the Tribunal for withdrawal of the amount on the basis of medical opinion, if any major medical expenses are required to be incurred”, it ordered.
Accordingly, the Apex Court allowed the Appeal, quashed the impugned Judgment, and enhanced the compensation.
Cause Title- Baby Sakshi Greola v. Manzoor Ahmad Simon and Another (Neutral Citation: 2024 INSC 963)
Appearance:
Appellant: AOR Manjeet Chawla and Advocate Aruna Mehta.
Respondents: AOR Yash Pal Dhingra, Advocates Ravi Bakshi, Manvendra Pr. Singh, and Sayma.
