The Supreme Court on Wednesday underscored the significance of marriage and companionship in a person’s life while enhancing the compensation for a woman who suffered a severe intellectual disability due to a road accident when she was just seven years old.
Justices B R Gavai and K V Viswanathan, presiding over the case, remarked on the profound impact the accident in June 2009 had on the woman’s life, stating, “Effectively, while her body grows, she will remain a small baby.” They recognized that although the woman was physically capable of bearing children, the intellectual disability rendered her unable to rear children or engage in the marital life and companionship that are integral to personal fulfillment.
Originally awarded Rs 11.51 lakh by the Delhi High Court in November 2017, the Supreme Court found this amount insufficient given the permanent nature of her condition and the lifelong care she would require. The apex court subsequently raised the compensation to Rs 50.87 lakh.
The case began when the woman, along with her family, was struck by a speeding car while crossing the road. A Motor Accident Claims Tribunal initially awarded Rs 5.90 lakh under the Motor Vehicles Act, 1988, which was later appealed for enhancement by the high court and ultimately taken up by the Supreme Court due to the victim’s ongoing needs and the “paltry enhancement” previously granted.
The Supreme Court’s ruling not only addressed the financial aspects of the case but also critiqued the high court’s assumption that the woman would only require a part-time attendant. The justices emphasized, “On the contrary, we are of the opinion that the appellant would be dependent on an attendant throughout her life and on a full-time basis.”
This decision also touched upon broader implications regarding the provision of adequate compensation for pain and suffering, loss of income, loss of marriage prospects, and future medical care, marking a significant affirmation of the rights and dignities of individuals with disabilities.
The insurance company responsible has been directed to disburse the new compensation amount, adjusting for any amounts already paid. Furthermore, the court clarified that the liability between the driver-cum-owner and the insurance company would be settled according to the law.
