Mental, physical loss can't be computed in terms of money, says SC
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New Delhi, March 29: The Supreme Court on Tuesday said the mental and physical loss of a victim in a road accident cannot be computed in terms of money but there is no other way to compensate.
A bench of Justices Hemant Gupta and V. Ramasubramanian enhanced the compensation awarded to the boy, who was 5 years old at the time of the accident, to Rs 49.93 lakh, along with interest. The boy suffered serious injuries and he is a paraplegic now.
"The determination of damages in personal injury cases is not easy. The mental and physical loss cannot be computed in terms of money but there is no other way to compensate the victim except by payment of just compensation," it said, noting that the appellant herein is not able to move his both legs and had complete sensory loss in the legs, urinary incontinence and bowel constipation, and bed sores.
"Therefore, we find that in view of the physical condition, the appellant is entitled to one attendant for the rest of his life though he may be able to walk with the help of assistant devicea.. The appellant has not only lost his childhood but also adult life. Therefore, loss of marriage prospects would also be required to be awarded," it held.
The top court verdict came on appeal filed by the boy against the Karnataka High Court order, awarding a compensation of Rs 13.46 lakh as against Rs 18.24 lakh, which was awarded by the Motor Accident Claims Tribunal.
The bench noted that the tribunal has rejected the claim of taxi expenses for the reason that the taxi driver has not been produced. "It is impossible to produce the numerous taxi drivers. Still further, the Tribunal should have realized the condition of the child who had complete sensory loss in the legs. Therefore, if the parents of the child had taken him in a taxi, probably that was the only option available to them. Accordingly, we award a sum of Rs 2 lakh as conveyance charges," it said.
"The compensation comes out to be Rs 49,93,000, along with interest already awarded by the Tribunal and affirmed by the High Court i.e. 7.5 per cent p.a. from the date of filing of the claim application till realisation."
A bench of Justices Hemant Gupta and V. Ramasubramanian enhanced the compensation awarded to the boy, who was 5 years old at the time of the accident, to Rs 49.93 lakh, along with interest. The boy suffered serious injuries and he is a paraplegic now.
"The determination of damages in personal injury cases is not easy. The mental and physical loss cannot be computed in terms of money but there is no other way to compensate the victim except by payment of just compensation," it said, noting that the appellant herein is not able to move his both legs and had complete sensory loss in the legs, urinary incontinence and bowel constipation, and bed sores.
"Therefore, we find that in view of the physical condition, the appellant is entitled to one attendant for the rest of his life though he may be able to walk with the help of assistant devicea.. The appellant has not only lost his childhood but also adult life. Therefore, loss of marriage prospects would also be required to be awarded," it held.
The top court verdict came on appeal filed by the boy against the Karnataka High Court order, awarding a compensation of Rs 13.46 lakh as against Rs 18.24 lakh, which was awarded by the Motor Accident Claims Tribunal.
The bench noted that the tribunal has rejected the claim of taxi expenses for the reason that the taxi driver has not been produced. "It is impossible to produce the numerous taxi drivers. Still further, the Tribunal should have realized the condition of the child who had complete sensory loss in the legs. Therefore, if the parents of the child had taken him in a taxi, probably that was the only option available to them. Accordingly, we award a sum of Rs 2 lakh as conveyance charges," it said.
"The compensation comes out to be Rs 49,93,000, along with interest already awarded by the Tribunal and affirmed by the High Court i.e. 7.5 per cent p.a. from the date of filing of the claim application till realisation."
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