In a landmark ruling, the Allahabad High Court has significantly increased the compensation awarded to a woman who was permanently disabled in a road accident 17 years ago, granting her over Rs 23 lakh for the profound impact on her life, including her marriage prospects.
Justice Vipin Chandra Dixit presided over the case of Kumari Cheenu, who was just two years old when she was involved in a tragic accident in 2005. Cheenu was traveling with her family in a van when it was struck by a speeding truck, resulting in her permanent disability.
Initially, the Motor Accidents Claims Tribunal awarded Cheenu a compensation of Rs 1,08,875 based on a 50% deduction due to truck insurance considerations, totaling an assessed amount of Rs 2,17,715. Dissatisfied with the tribunal’s consideration, her mother filed a petition for a claim of Rs 36,05,000, highlighting the severe lifelong impacts of the accident on her daughter.
Justice Dixit, in his ruling, noted the tribunal’s oversight in not adequately accounting for the “frustration, disappointment, discomfort, and inconvenience” suffered by Cheenu, particularly noting the damage to her future marriage prospects due to the 100% disability. This significant oversight led to the enhanced compensation figure of Rs 23,69,971.
The court also reiterated the responsibilities of both drivers in the accident, pointing out that the van driver lacked a valid license, which contributed to the severity of the incident.
