In a compassionate and strongly worded judgment, the Bombay High Court has increased the compensation awarded to a 33-year-old man rendered paraplegic in a road accident, granting him an additional ₹40.35 lakh for lifelong medical care and support. The total compensation now stands at ₹1.52 crore, to be paid by United India Insurance Company Ltd.
The case relates to a tragic accident that occurred on July 4, 2016, when Atul Dattaray Wadhane, then 25 years old, was riding his motorcycle to Borivali. A school bus took a sharp turn at Pramila Nagar Junction in Dahisar without signaling and collided with Wadhane’s vehicle, causing a cervical spine fracture and rupture of the spinal cord. The impact left Wadhane paraplegic, bedridden, and fully dependent on others for all basic functions.
An FIR was registered, and a chargesheet was filed against the bus driver, Sabastian Panthikulangara. Wadhane, through his lawyer, approached the Motor Accident Claims Tribunal (MACT), seeking damages for the life-altering injuries he suffered due to the driver’s negligence. The tribunal had awarded ₹1.11 crore in compensation, taking into account his permanent disability, loss of amenities, and future medical costs.
Both the insurance company and Wadhane challenged the MACT’s decision in the Bombay High Court in 2022 — the former seeking a reduction, and the latter seeking an enhancement.
Justice Shivkumar Dige, hearing the case, took note of the medical evidence presented. Doctors from Balaji Hospital in Bhayander, where Wadhane underwent multiple surgeries, testified that he suffered from 70% permanent partial disability and required lifelong neurorehabilitation, physiotherapy, and medication.
The insurance company argued that the tribunal had already considered all future expenses and opposed paying interest on future medical costs. However, Justice Dige rejected this view, stating that considering the prevailing inflation and the victim’s vegetative state, denying interest would be unjust.
“He is a 25-year-old young man whose dreams and aspirations have been tragically extinguished. He now lies bedridden, staring in a single direction with no control over his body or life,” the court observed.
The High Court ultimately enhanced Wadhane’s compensation to ₹1.52 crore, ordering United India Insurance to pay the additional ₹40.35 lakh.
