Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old.

The accident occurred in 2009 when a high-speed car, which was driven negligently, hit her when she was crossing a zebra-crossing with her mother and brother. As a result of the accident, she suffered head injuries, which led to moderate mental retardation and difficulties in walking.

The Motor Accidents Claims Tribunal awarded a compensation of Rs.5,90,750 in 2009, which the Delhi High Court enhanced to Rs 11,51,000 in 2017. The Supreme Court further enhanced the compensation allowing the appeal of the claimant.

A bench comprising Justice BR Gavai and Justice KV Viswanathan took into account the deposition of a doctor who stated that due to the retardation, the victim can only learn skills up to the level of a 2nd Standard child and can live only under adult supervision throughout her life. Although as per the disability certificate, her disability was to the extent of 75%, the Court said that her functional disability should be treated as 100% for all practical purposes.

Instead of taking a notional income of Rs 15,000 per annum, the Court said that the correct approach is to take the minimum wage notified for a skilled worker in the concerned State as on the date of accident. The minimum wage payable to a skilled workman in the State of Delhi at the time of the accident, i.e., 2nd June 2009, was Rs. 4,358/- per month. Applying future prospects to the extent of 40% and the multiplier of 18, the Court arrived at the compensation of loss of earning capacity as Rs. 13,18,000/-

The Court awarded a lumpsum amount of Rs.15,00,000 towards pain and suffering. "In the present case, the appellant will remain dependant on another person for the rest of her life. Even though the physical age will increase, but her mental age will be that of a child studying in the 2nd Standard/Class. Effectively, while her body grows, she will remain a small baby," it observed in this regard. Reliance was placed on the recent judgment in K.S. Muralidhar v. R. Subbulakshmi and Another on the principles relating to damages for pain and suffering.

While awarding Rs.5,00,000/- as damages for loss of marriage prospects, the Court observed : "The appellant, therefore, has not only lost her childhood but also her adult life. Marriage/companionship is an integral part of the natural life of a human being. Although, in the present case the appellant is capable of reproduction, it is near impossible for her to rear children and enjoy the simple pleasures of marital life and companionship."

As attendant charges, Rs.9,42,000/- was awarded considering that the victim would require the constant support of an adult person. Rs.5,00,000/- was awarded for future medical treatment. The Court referred to the decisions in Kajal v. Jagdish Chand (2020) , Ayush v. Reliance General Insurance(2022).

Case : Baby Sakshi Greola v. Manzoor Ahmad Simon and another

Citation : 2024 LiveLaw (SC) 978

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