SUPREME COURT RULING ON AMOUNT OF COMPENSATION AWARDED IN COURTS FOR GRIEVOUS INJURIES WHICH LEADS TO HEAVY DISABILITY LIKE BRAIN INJURY, (100% disability) SUSTAINED SUSTAINED BY A MINOR GIRL IN MOTOR VEHICLE ACCIDENT

 

SUPREME COURT RULING ON AMOUNT OF COMPENSATION AWARDED IN COURTS FOR GRIEVOUS INJURIES WHICH LEADS TO HEAVY DISABILITY LIKE BRAIN INJURY, (100% disability) SUSTAINED SUSTAINED BY A MINOR GIRL IN MOTOR VEHICLE ACCIDENT

Award of compensation for grievous  injuries sustained by a minor girl has been discussed in 2020(1)TNMAC 328(SC) kajal    VS    jagdish chand and others.

The  brief of the case are as follows:

The petitioner in this case was travelling on a tractor with her parents, the tractor was hit by a truck, which was driven rashly. In the said accident , the petitioner sustained serious injuries resulting in damage to her brain. This has had very serious consequence on her. Because head injury she is left with a very low IQ and severe weakness in all her four limbs, suffers from severe hysteria and severe urinary incontinence. Her disability has been assessed as 100%.

A member of the medical board issued the disability certificate stated that as per the assessment her IQ is less than 20% of a child of her age and her social age is only of a 9 month old child. This means that the petitioner while lying on the bed will grow up to be an adult with all physical and biological attributes which a woman would get on attaining adulthood, including mensturation etc., but her mind will remain of a 9 month old child. Basically she will not understand what is happening all around her.

How does one assess compensation in such a case? No amount of money can compensate this child for the injuries suffered by her. She can never be put back in the same position. However compensation has to be determined in terms of provisions of motor vehicles act,1988. The act requires determination of payment of just compensation and it is the duty of the court to ensure that she is paid compensation which is just.

The petitioner thro’ her father filed a claim petition, under the act. The motor accidents claims tribunal awarded Rs.11,08,501 and held that since there was violation of the terms of policy the insurance company would pay the amount and would be  entitled to recover the same from the owner. The high court enhanced the award amount to Rs.25,78,501/ Aggrieved by the award the claimant filed a petition before the supreme court.

The principles with regard to determination of just compensation contemplated under the act are well settled. Injuries cause deprivation to the body which entitles the claimant to claim damages. The damages may vary according to the gravity of the injuries sustained by the claimant in an accident. On account of the injuries, the claimant may suffer consequential losses such as (i) Loss of earning (ii) Expenses on treatment which may include medical expenses, transportation special diet, attendant charges etc., (iii) Loss of dimunition to the pleasures of life by loss of a particular part of the body and (iv) loss of future earning capacity. Damages can be pecuniary as well as non – pecuniary, but all have to be assessed in rupees and paise.

It is impossible to equate human sufferings and personal deprivation with money. However this is what the act enjoins upon the courts to do. The court has to make a judicious attempt to award damages, so as to compensate the claimant for the loss suffered by the victim. On the one hand , compensation should not be assessed very conservatively, but on the other hand compensation should also not be assessed in so liberal a fashion so as to make it a bounty to the claimant. The court while assessing the compensation should have regard to the degree of deprivation and the loss caused by such deprivation. Such compensation is what is termed as just compensation. The compensation or damages assessed for personal injuries should be substantial to compensate the injuries for the deprivation suffered by the injured throughout his/her life. They should not be just token damages.

There are numerous cases where the principles for grant of compensation have been enunciated.

Expenses related to treatment, hospitalization, medicines, transportation, etc.,

Rs.2,00,000/ awarded towards medical expenses Rs.50,000/ awarded towards Transportation.

Loss of earnings

A sum of Rs.81,412 per annum and 40% added towards future prospects. Multiplier of 18 taken. It works out to Rs. 14,65,430.

Loss of earning for family members

In the hospital the  claimant  would have had at least two attendants, and taking cost of each at 500 per day for 51 days  Rs.51,000/ awarded.

Attendant charges

She requires an attendant virtually 24 hrs a day. She requires an attendant, who though may not be medically trained but must be capable of handling a child who is bed ridden. She would require an attendant, who would ensure  that she does not suffer from bed sores. She will require two attendants, which works out to Rs.10,000/pm. Which comes to 1,20,000/pa, and using multiplier of 18 it works out to Rs.21,60,000/ for attendant charges for her entire life.

Pain and sufferings and loss of amenities

As far as the present case is concerned, in addition to 100% disability the young girl is suffering from severe incontinence, she is suffering from severe hysteria and above all she is left with the brain of nine month old child. This is a case where departure has to be made from the normal rule in assessing pain and sufferings.Rs.15,00,000/ awarded towards pain and sufferings.

Loss of marriage prospects

The tribunal has awarded Rs.3,00,000/ for loss of marriage prospects and was not interfered.

Future medical treatment

Keeping in mind of her injuries and the fact that she is bed ridden this child is bound to suffer a lot of medical problems. She may require special mattress which will have to be changed frequently. In future as the girl grows, she may face many other medical issues because of the injuries suffered in the accident. Keeping in view of her young age and assuming she would live another 50 to 60 years, it would not be unjust to award her Rs.5,00,000/ for future medical expenses.

In view of the above, a sum of Rs.62,27,000/ has been awarded to the claimant under the following heads:

S.NO	Heads	Amount
1.	Expenses related to treatment, hospitalization and transportation	Rs.2,50,000/
2.	Loss of earnings (family members)	Rs.   51,000/
3.	Loss of future earnings	Rs. 14,66,000/
4.	Attendant charges	Rs. 21,60,000/
5.	Pain & sufferings ,loss of amenities	Rs. 15,00,000/
6.	Loss of marriage prospects	Rs.  3,00,000/
7.	Future medical treatment	Rs.  5,00,000/