In a landmark judgment, the Supreme Court elevates compensation to Rs. 83.38 lakh for a child suffering 100% functional disability due to a road accident.
In a significant ruling, the Supreme Court of India has enhanced the compensation awarded to a child victim of a motor accident, resulting in 100% functional disability, from Rs.45.40 lakh to Rs.83.38 lakh. The bench, comprising Justices Ujjal Bhuyan and N.V. Anjaria, emphasized a more humane and realistic approach in determining compensation for child victims, recognizing the lifelong impact of such disabilities.
The case revolves around a tragic incident that occurred on June 16, 2015, involving six-month-old Shreejita Pattnaik. While traveling with her parents in a Hyundai I-10, their vehicle was struck by a tanker driven recklessly, leading to severe injuries for both Shreejita and her father. Diagnosed with post-traumatic myelopathy and paraplegia, Shreejita was left permanently disabled, requiring lifelong medical care and assistance.
Initially, the Motor Accident Claims Tribunal (MACT) awarded a compensation of Rs. 30,12,960, which the High Court of Orissa increased to Rs.45,40,800. However, dissatisfied with the quantum, Shreejita’s family appealed to the Supreme Court. The apex court, acknowledging the severe and lifelong impact of the injuries, applied a more favorable multiplier of 18, aligning with evolving judicial trends, to calculate future earnings. The court highlighted the distinction between medical and functional disabilities, noting that while Shreejita's physical disability was certified at 90%, her functional disability was 100%.
The Supreme Court also addressed various heads of compensation, enhancing amounts for pain and suffering, future medical treatment, attendant charges, and loss of marriage prospects. The court awarded Rs.25.92 lakh for attendant charges, recognizing the need for continuous care, and Rs. 25 lakh for pain, suffering, and loss of amenities, acknowledging the child’s lost potential and quality of life.
The judgment reflects a compassionate understanding of the unique challenges faced by child victims of severe accidents. By setting a precedent for higher compensation and a holistic approach to evaluating damages, the court underscores the need for just compensation that truly reflects the lifelong impact of such disabilities.
Bottom Line:
Compensation for child victim suffering permanent disability - Multiplier method to be used for determining compensation under all heads including attendant charges - Functional disability to be assessed beyond physical disability.
Statutory provision(s): Motor Vehicles Act, 1988 Sections 166, 168
Gayatree Pattnaik For Shreejita Pattnaik v. Arundhati Sahoo, (SC) : Law Finder Doc id # 2952784
