Marriage Prospects Of Girl Damaged Due To 100% Disability After Accident: Allahabad HC Enhances Compensation By Rs. 22 Lakh After 17 Yrs
Enhancing the compensation from Rs.1,08,875 to Rs.23,69,971, the Allahabad High Court while dealing with a 17-year-old plea observed that the 100% disability of the claimant/appellant–who was a minor at the time, had substantially damaged her marriage prospects subjecting her to frustration and depression.
A single judge bench of Justice Vipin Chandra Dixit while awarding Rs. 3 lakhs as compensation for loss of marriage prospects held, “The Claims Tribunal had also failed to consider that on account of 100% disability the marriage prospects of claimant-appellant was substantially damaged and the claimant-appellant is subjected to frustration, disappointment, discomfort and inconvenience but nothing has been awarded in the aforesaid account to the claimant-appellant".
"The Claims Tribunal has also erred in accepting 75% loss of earning capacity relying on the disability certificate which discloses 75% disability to the claimant, whereas as per the evidence adduced by claimant before the Claims Tribunal, the claimant-appellant has become permanent disable to the extent of 100%. Loss of income is accepted 100%," the court added.
Justice Dixit further said that the claimant-appellant is entitled for Rs.30,000 for "pain and suffering", noting that the motor accident claims tribunal had erred in awarding her only Rs. 5,000 under this head.
Background
Claimant-appellant, a 2-year-old girl, was travelling with her family when they were struck by a truck which was being driven rashly and negligently in 2005. The girl became permanently disabled to the extent of 75% because of the accident. Her mother filed a claim petition before the Motor Accidents Claims Tribunal claiming compensation of Rs.36,05,000.
The Tribunal in its August 8, 2007 order held both drivers responsible for the accident and that the driver of the Van, in which claimant was sitting, did not have a valid license. The total compensation was assessed as Rs.2,17,715, however, after 50% deduction, the amount awarded was Rs.1,08,875 against the insurer of the truck.
This award was challenged by the Claimant-appellant before the High Court.
Findings
The High Court said that it was an admitted fact that the claimant aged about 2 years along with her family members was travelling in Maruti Van and it was a case of composite negligence. It then held that this was not a case of contributory negligence but that of composite negligence where the claimant was entitled to seek relief from any one party. Therefore, 50% deduction was wrongly made by the MACT, the court said.
Further, the Court held that the notional income ought to be taken as Rs. 3000 per month instead of Rs. 15,000 per annum as done by the MACT. It was held that the MACT erred in not awarding compensation towards future prospects. Accordingly, 40% was awarded towards future prospects.
Enhancing the compensation for medical expenses, the Court observed that the claimant was still undergoing treatment was 10% disabled and was entitled to future medical expenses as well. Since the claimant was only 2 years old at the time of the accident, the Court awarded Rs.3,60,000 as attendant charges. The compensation for special diet, looking at the nature of disability, was also enhanced by the High Court from Rs. 5,000 to Rs. 20,000.
Accordingly, the total compensation was enhanced from Rs.1,08,875 to Rs.23,69,971 along with 6% interest on enhanced amount from the date of the tribunal's award.
"The respondent no.2 Oriental Insurance Company Limited is directed to pay enhanced amount along with interest within two months from today to the claimant-appellant, failing which respondent Insurance Company is liable to pay interest at the rate of 10% on enhanced amount," the court directed.
Case Title: Km. Cheenu v. Bishambhar Singh And Another
[FIRST APPEAL FROM ORDER No. - 3075 of 2007]