SC Highlights Pain and Disability Impact in Child Accident Cases
The Tribunal awarded a total compensation of Rs 20,03,328 which was enhanced by the High Court by Rs 7 lakhs, thus, awarding a total amount of Rs.27,03,328 with simple interest @ 6% per annum;
In a significant ruling, the Supreme Court observed that in cases involving child victims of road accidents, the primary damage stems from the pain, frustration, and loss of ordinary pleasures due to disability; Compensation in such cases should aim, at least partially, to alleviate the inconvenience caused by such disability.
A bench of Justices Sudhanshu Dhulia and K Vinod Chandran while dismissing the SLP, said, “We are of the opinion that there is no scope for any further enhancement in this case. The amount granted is far higher, that was granted in the two cited decisions.”
Reliance was placed on Mallikarjun v. Divisional Manager, National Insurance Company Limited, (2014) 14 SCC 396 and Kumari Kiran v. Sajjan Singh, (2015)1 SCC 539.
Brief Background
A special leave petition was filed against order dated 21.08.2023 passed by the Orissa High Court which enhanced the compensation granted to the minor child of the appellant, for the injury suffered in a motor accident case leading to amputation and permanent disability of the minor child.
The child was a four-year-old who suffered 55% disability as per the certificate.
Diagnosis was of locomotor disability due to disarticulation at the ankle joint. The child had been subjected to below knee amputation of the right leg.
MACT Tribunal awarded a total compensation of Rs 20,03,328 which was enhanced by the High Court by Rs 7 lakhs, considering the inadequate amounts granted towards future treatment, dependent charges and the amounts granted towards other heads, thus, awarding a total compensation of Rs.27,03,328/- with simple interest @ 6% per annum.
Case Title: Rina Rani Mallick v. Susim Kanti Mohanty & Anr.