HC increases compensation to a girl whose marriage prospects clouded following accident:
While observing that the marriage prospect of a girl has been damaged due to 100 percent disability after the accident, the Allahabad High Court has enhanced compensation by Rs 22 lakhs after seventeen years.
A single judge bench of Justice Vipin Chandra Dixit ordered to enhance compensation from Rs 1,08,875/- to Rs 23,69,971/- while dealing with a 17-year-old plea. The court observed that the 100 percent disability of the claimant- appellant- Km Cheenu, who was a minor at the time of the accident, had substantially damaged her marriage prospects subjecting her to frustration and depression.
The court, 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 the claimant before the claims tribunal, the claimant-appellant has become permanently disabled to the extent of 100%. Loss of income is accepted 100 percent,” the court added.
Justice Dixit further in his decision dated October 4 said that the claimant-appellant is entitled to 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.
In the present case, the claimant, a 2-year-old girl, was traveling with her family when they were struck by a truck that 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 accident 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 the white the claimant was sitting did not have a valid license. The total compensation was assessed as Rs.2,17,715, however, after er 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.
