Accident –  100% permanent disability and mental disability – Salutary principles for compensation

On 2.6.2009, a car driven at a high speed had hit the appellant, aged seven years.  She had suffered grievous injuries to her brain, fracture over left side of femur and lacerated injuries all over the body.  She has become personnently partially disabled from her skull area.

The Tribunal had awarded compensation of Rs.5,90,750/- and interest at 7.5% per annum.  The High Court had enhanced the compensation to Rs.11,51,000/-

The Supreme Court enhanced the said compensation to Rs.50,87,000/-

On consideration of the evidence and various heads, HELD that for all practical purposes, the disability of the appellant should be treated to be 100% –

HELD that it has to be borne in mind that while assessing compensation in a case like the present one, the claim can be awarded only once.  The claimant cannot come back to the court for enhancement at a later stage praying that something extra has been spent.  The Courts or Tribunals assessing compensation in a case of 100% disability, especially where there is mental disability also, should take a liberal view of the matter when awarding compensation. While awarding the compensation, the Courts are not only taking into account physical disability but also mental disability and various other factors.

The mental and physical loss cannot be computed in terms of money but there is no other way to compensate the victim except by payment of just compensation.

The Supreme Court has enhanced the compensation under the following heads –

Loss of income / earning capacity

Pain and suffering

Loss of Marriage prospects

Attendant charges

Future Medical Treatment

Judgment dated 11.12.2024 of the Supreme Court of India in Civil Appeal 014290 of 2024 of Babay Sakshi Greola   Vs. Manzoor Ahmad Simon and another