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Synopsis

The Supreme Court on December 11, 2024, enhanced compensation from Rs 11.51 lakh to Rs 50.87 lakh for a young girl for having suffered 75% permanent disability and mental retardation after being hit by a speedily driven car in 2009.

"Even though the physical age will increase, but her mental age will be that of a child studying in the 2nd Standard/Class. Effectively, while her body grows, she will remain a small baby," a bench of Justices B R Gavai and K V Vishwanathan noted while enhancing the compensation amount.

The bench pointed out that the girl had suffered 75% disability which was permanent in nature on account of moderate mental retardation. This disability was in relation to the whole body.

Referring to a previous judgment, the bench emphasized that compensation in cases like the present one must be granted only once. It noted that claimants cannot approach the court later seeking an enhancement, citing additional expenses incurred. The bench further highlighted that in cases involving 100% disability, particularly those with mental disability, courts or tribunals should adopt a liberal approach while determining compensation. It was stressed that such awards should consider not just physical disability but also mental disability and other relevant factors.

"In the present case also, the appellant will remain dependant on another person for the rest of her life. The appellant in the present case will also miss out on partaking in activities which she would have normally done, if she had not met with this unfortunate accident," the bench highlighted.

Baby Sakshi Greola filed an appeal challenging the Delhi High Court's November 7, 2017 order, which only enhanced her compensation from Rs 5,90,750 to Rs 11.50 lakh.

On June 2, 2009, the appellant, aged seven years, was going on foot along with her mother and brother to her house from National Bal Bhawan, Kotla Road, New Delhi. At about 01:00 PM, when they reached a red light on Deen Dayal Upadhyay Marg and Vishnu Digambar Marg, ITO, Delhi, and were crossing the road on a zebra crossing, a car being driven at a high speed, hit the appellant, as a result of which, she sustained grievous injuries.

The top court took into account the testimony of the doctor that the children with moderate mental retardation are generally able to learn skills up to the level of 2nd Standard/Class as adults and can work under close supervision only.

Further, court observed that the appellant suffered from severe apathy, lacked control over the passage of urine, and showed no interest in playing or interacting with other children. It noted that the appellant required constant supervision by an attendant for daily care and needed admission to a special school or training from a special education teacher.

Therefore, it considered it appropriate to award compensation to the tune of Rs 15,00,000 to the appellant under the head of pain and suffering. For the loss of marriage prospects, the court raised compensation from Rs one lakh to Rs five lakh.

"The appellant, therefore, has not only lost her childhood but also her adult life. Marriage of companionship is an integral part of the natural life of a human being. Although, in the present case the appellant is capable of reproduction, it is near impossible for her to rear children and enjoy the simple pleasures of marital life and companionship," the bench highlighted.

With regard to attendants, the bench found the High Court's assessment of the evidence, concluding that the appellant would require only a part-time attendant, to be erroneous.

"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. Considering her medical situation, the attendant would have to be skilled and not unskilled. The appellant would be requiring special care and attention which can only be provided by a skilled attendant. It was, therefore, incorrect on the part of the High Court to proceed on the basis that the appellant could be taken care of by an unskilled attendant and that too on a part-time basis," the bench held.

Furthermore, on future medical treatment, the bench noted that the appellant would be requiring medical assistance in the form of medicines, diapers, etc, so as to live a relatively comfortable life. Therefore, it enhanced the compensation under this head to Rs 5,00,000.

Moreover, court noted the appellant had attained majority, however, since she was a minor at the time of the accident, it ordered that an amount of Rs 10,00,000 should be disbursed to her father as her guardian.

If, however, an amount more than Rs 10,00,000 has already been disbursed, the said amount shall not be adjusted, the court directed.

"We further direct that the rest of the amount be invested in one or more Fixed Deposits Receipts so as to attract the maximum rate of interest. The interest amount shall be payable to the guardian of the appellant every month," the bench ordered.

It also allowed the girl's guardian to seek orders from the Tribunal for withdrawal of the amount on the basis of medical opinion, if any major medical expenses are required to be incurred.

The bench, accordingly, set aside the High Court's order and directed the insurance company to pay the amount within eight weeks.

Case Title: Baby Sakshi Greola Vs Manzoor Ahmad Simon And Another