A Motor Accidents Claims Tribunal (MACT) has awarded Rs 40.91 lakh as compensation to a woman who suffered a miscarriage and was left with permanent disability following a road accident in 2018.
The case was heard by Presiding Officer Shelly Arora on a claim petition filed by Anshu Kashyap. She was hit by a rashly driven vehicle on December 12, 2018. Prior to the accident, she was already certified with 40% disability due to dwarfism. The accident, however, caused 84% permanent disability in her lower limbs, severely affecting her mobility and daily life.
The tribunal held that the accident occurred due to the driver’s “speedy and reckless” driving. It observed that the 41-year-old claimant lost her six-month-old foetus in the mishap and awarded her Rs 5 lakh specifically for that loss.
The order noted:
“In such advanced age, without any reproductive assistance, chances of normal pregnancy are very rare, even the success rate of reproductive assistance is also very low. Therefore, even without any conclusive certification by a medical expert, it can at least be inferred that any further possibility of enjoying motherhood for the injured shall be very rare.”
The tribunal observed that Kashyap, a government school teacher, now requires a wheelchair and the active assistance of an attendant for at least 12 hours daily.
While her profession does not involve heavy physical labour, the tribunal said tasks such as standing for long hours, moving between classrooms, and participating in school events would be impacted. Though her salary may not immediately reduce, her future career prospects and opportunities for advancement were found to be significantly curtailed.
The tribunal also remarked on the loss of personal enjoyment of life:
“Because of the injuries and permanent disability, the claimant can no longer enjoy life as she did before the accident. Activities that once gave her joy, such as travelling freely, taking part in social gatherings, or moving about without help, are now limited or not possible at all.”
Taking into account the pecuniary and non-pecuniary damages, including loss of mobility, future opportunities, and emotional suffering, the tribunal directed Iffco Tokio General Insurance Co Ltd to pay Rs 40.91 lakh to the claimant.
