In a landmark decision, the Supreme Court has significantly increased compensation to ₹50.8 lakh for a young woman who suffered life-altering injuries in a motor accident when she was just seven years old. The judgment underscores the enduring impact of the accident and the critical need for lifelong care and support.
The tragic incident occurred in 2009, when a speeding car struck the girl as she crossed a zebra crossing with her family in Delhi. The collision caused severe head injuries, resulting in cognitive and physical impairments that left her with permanent mental disability and restricted mobility.
Initially, the Motor Accidents Claims Tribunal awarded ₹5.9 lakh in compensation. This amount was later revised to ₹11.5 lakh by the Delhi High Court. However, recognizing the profound and lifelong consequences of the accident, the Supreme Court further enhanced the compensation, considering the appeal brought forward on behalf of the victim.
The Court evaluated medical testimony highlighting the extent of her disabilities. A doctor’s deposition revealed that her cognitive abilities would never surpass that of a second-grade student, requiring her to live under continuous adult supervision for the rest of her life. While her certified disability was pegged at 75%, the Court deemed her functional disability to be effectively 100%.
In calculating the compensation, the Court adopted a pragmatic approach, replacing the outdated notion of nominal income with the prevailing minimum wage for skilled workers in Delhi at the time of the accident. Factoring in future earning potential and a multiplier for lost capacity, the compensation for lost earnings alone was set at ₹13.18 lakh.
Additional amounts were awarded for the following:
- Pain and suffering: ₹15 lakh, reflecting the immense physical and emotional toll.
- Loss of marriage prospects: ₹5 lakh, recognizing the inability to enjoy companionship and family life.
- Attendant care: ₹9.42 lakh, accounting for the lifelong need for supervision.
- Future medical expenses: ₹5 lakh, addressing ongoing healthcare requirements.
The Court observed that the victim’s life had been irreparably altered, stating: “While her body will age, her mind will remain that of a young child. The appellant has not only lost her childhood but her adult life as well.”
This ruling reinforces the judiciary’s commitment to ensuring that victims of motor accidents receive just compensation, reflecting the severity of their injuries and the lifelong challenges they face. The judgment also draws from precedent-setting cases to refine the principles of equitable damages, providing a benchmark for future claims.
