The Supreme Court ruled that marriage and companionship are crucial to human life while increasing compensation for a woman with a 75% intellectual disability from a road accident to Rs 50.87 lakh. It criticized previous court decisions and emphasized the woman’s lifelong dependency and loss of adult life, establishing a precedent for compensation in similar cases.
New Delhi: The Supreme Court on Wednesday emphasized that “Marriage/companionship is an integral part of the natural life of a human being” as it significantly increased the compensation awarded to a woman with 75% intellectual disability caused by a road accident.
The bench of Justices B R Gavai and K V Viswanathan enhanced the compensation to Rs 50.87 lakh, overturning a Delhi High Court decision from November 2017, which had awarded her Rs 11.51 lakh. The woman, seven years old at the time of the accident in June 2009, was hit by a speeding car while walking home with her family.
The Supreme Court took into account the medical evidence showing that the woman suffers from moderate intellectual disability. “Effectively, while her body grows, she will remain a small baby,” the bench observed, underscoring the lifelong dependency she would face.
The court further noted that while she is physically capable of bearing children, it would be nearly impossible for her to care for them or enjoy the joys of marriage and companionship. “The appellant has not only lost her childhood but also her adult life,” the bench remarked.
The woman initially filed for compensation under the Motor Vehicles Act, 1988, before a Motor Accident Claims Tribunal, which awarded her Rs 5.90 lakh. Dissatisfied, she approached the Delhi High Court, which increased the amount to Rs 11.51 lakh. Still aggrieved by what was deemed a “paltry enhancement,” she moved the Supreme Court.
The apex court criticized the Delhi High Court’s conclusion that the woman would require only part-time attendant services.
“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,”
the court asserted.
The bench took a holistic approach to calculate the enhanced compensation, considering various factors:
- Loss of income or earning capacity
- Pain and suffering
- Loss of marriage prospects
- Attendant charges
- Future medical treatment
The court directed the insurance company to disburse the enhanced compensation and permitted it to adjust any amounts already paid.
The court reaffirmed that the driver-cum-owner of the vehicle and the insurance company are “jointly and severally liable” to compensate the appellant. “The inter-se liability of the two respondents herein shall be decided in accordance with law,” the bench noted.
This verdict not only underscores the lifelong challenges faced by individuals with severe disabilities but also reaffirms their right to a dignified life. By recognizing the profound implications of intellectual disabilities on personal and social aspects, such as marriage and companionship, the Supreme Court has set a significant precedent in how compensation for life-altering injuries should be approached.
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