Court reassesses functional disability at 100%, granting Rs. 23.96 lakh additional compensation for intellectual disability due to accident.
In a landmark judgment, the Kerala High Court has significantly enhanced the compensation awarded to a minor child who suffered severe intellectual disability following a road traffic accident. The ruling came in the case of Athira (Minor) v. United India Insurance Co. Ltd., where the court reassessed the child's functional disability at 100% and granted an additional compensation amounting to Rs. 23.96 lakh. The judgment, delivered by Justice Shoba Annamma Eapen, sets a precedent in evaluating compensation claims involving intellectual disabilities.
The appeal was filed by the claimants seeking a revision of the compensation awarded by the Motor Accidents Claims Tribunal, Mavelikkara. The tribunal had previously assessed the permanent disability at 50% and awarded Rs. 4 lakh as consolidated compensation. However, the High Court, upon reassessment, adopted the multiplier method to calculate the compensation, taking into account the lifelong impairment and functional incapacity of the injured child, Athira.
Justice Eapen's judgment highlighted the extensive intellectual disability suffered by Athira, who was merely 3½ years old at the time of the accident. The accident occurred when a pickup van, driven negligently, collided with the vehicle Athira was traveling in, leading to severe injuries. The court, after interacting with Athira and reviewing the Medical Board's assessment, concluded that her mental age was akin to a 6-year-old child, necessitating lifelong supervision and support.
The court awarded Rs. 7.56 lakh towards permanent disability, Rs. 5.40 lakh for bystander expenses, Rs. 5 lakh each for pain and suffering, loss of amenities, and loss of marriage prospects. The judgment emphasized the need for compensation to reflect the actual impact of the disability on Athira's life, ensuring she receives adequate support and care.
Additionally, the High Court directed that 60% of the enhanced compensation be deposited in a long-term fixed deposit in a nationalized bank, with the remaining 40% released to the appellants for immediate use. This structured payment method aims to secure Athira's financial future while providing immediate relief to her family.
This judgment aligns with the judicial precedents set by the Supreme Court in similar cases, reinforcing the principle that compensation should adequately reflect the severity and lifelong implications of the disability suffered by the injured party.
Bottom Line:
Compensation for a minor child suffering intellectual disability due to a road traffic accident enhanced considering functional disability as 100% following judicial precedents.
Statutory provision(s): Motor Vehicles Act, 1988
Athira (Minor) v. United India Insurance Co. Ltd., (Kerala) : Law Finder Doc id # 2868959
