The Delhi High Court has directed an insurance company to provide ₹10 lakh towards future surgery for a young woman who suffered 66 per cent permanent disability in a road accident that disrupted her education and sporting career. The court also upheld ₹6 lakh awarded by the Motor Accident Claims Tribunal (MACT) for loss of studies and marriage prospects.
Justice Anish Dayal, while deciding cross-appeals filed by claimant Simran Kaur and a private insurance company, held that compensation must account for the opportunities and experiences a person would reasonably have enjoyed had the accident not occurred.
In its October 5 ruling, the court rejected the insurer’s objections to the tribunal’s award of ₹4 lakh for educational disruption and ₹2 lakh for diminished marriage prospects. It also enhanced the amount provided for future medical treatment from ₹1 lakh to ₹10 lakh.
Court Recognises Impact on Education and Future Opportunities
The High Court observed that the consequences of a serious accident cannot be assessed solely in terms of physical injuries or immediate financial losses.
It noted that pursuing education, participating in sports, developing a career and eventually establishing a family are normal expectations in a person’s life. When an accident deprives an individual of these opportunities, the resulting loss deserves adequate compensation.
Kaur was a Class 8 student and an accomplished athlete when the accident occurred. Certificates submitted before the tribunal showed that she had secured first, second and third positions in kho-kho and long jump competitions.
The insurer argued that the compensation for loss of studies was unjustified because Kaur had not submitted school marksheets or attendance records. It also questioned the award for loss of marriage prospects.
The High Court declined to interfere with either amount, relying on the medical evidence, the extent of disability and the circumstances considered by the tribunal.
Referring to earlier judicial decisions, the court observed that interruption of education could affect not only academic advancement but also future employment opportunities and the ability to earn a livelihood.
It clarified that the central consideration was whether the injured person had received adequate compensation for the actual losses suffered, rather than the terminology used to classify different components of the award.
The court treated educational disruption and diminished marriage prospects as falling within the broader category of loss of amenities of life.
Specialised Surgery Estimated to Cost ₹9.35 Lakh
Kaur had sought enhancement of the ₹1 lakh granted by the tribunal for future medical expenses, citing the cost of corrective surgery proposed at Sir Ganga Ram Hospital.
To assess the medical requirements, the High Court sought an explanation from Dr Manish Dhawan, a senior consultant in the hospital’s orthopaedics department.
Appearing through video conferencing, the doctor informed the court that Kaur would require at least three separate surgical procedures. The treatment would address complications arising from the amputation of her toes and the shortening of her limb.
According to the medical assessment, the procedures involved specialised software and techniques that were not readily available. The recovery process could extend to one year because of the gradual nature of limb lengthening.
An estimate dated February 3 placed the treatment cost at approximately ₹9.35 lakh, including accommodation in a single hospital room.
Although the doctor indicated that selecting a lower room category could reduce expenses by approximately ₹1 lakh, the High Court found single-room accommodation reasonable considering the complexity of the surgery and the expected recovery period.
The court held that Kaur should not be required to compromise her health or endure additional physical hardship merely to reduce treatment expenses.
Taking into account possible changes in the final medical bill, it fixed ₹10 lakh as compensation for the proposed surgery and associated treatment.
Accident Left Student With Permanent Injuries
The case originated from a collision on March 12, 2016, when Kaur was travelling with her father in a bus heading from Ludhiana towards Delhi and Jaipur.
A truck struck the bus near the Panchi Gujran cut on GT Road, causing serious injuries to Kaur.
The accident left her with a permanent disability assessed at 66 per cent. Her injuries included deformities of the left foot, heel and ankle, amputated toes and shortening of a limb.
The Motor Accident Claims Tribunal at Tis Hazari Courts, Delhi, awarded her ₹14,89,090 on March 13, 2018, along with interest at 9 per cent annually.
Both sides subsequently approached the High Court. While the insurance company sought reduction of compensation under certain heads, Kaur requested additional funds for future surgery.
In May 2018, the High Court had directed the insurer to deposit the entire tribunal-awarded amount and permitted the release of 30 per cent to Kaur.
Insurer Directed to Deposit Amount Within Four Weeks
Disposing of the appeals, the High Court ordered the insurance company to deposit ₹10 lakh before the tribunal within four weeks.
The amount must remain in an interest-bearing fixed deposit until Kaur submits the necessary hospital documents establishing that her surgery has been scheduled.
The court further directed that any unpaid balance of the compensation already awarded, together with accrued interest, be released to Kaur as a lump sum.
The ruling leaves intact the tribunal’s compensation for educational and marriage-related losses while providing additional financial support for the corrective medical procedures necessitated by the accident.
