Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: Compensation – Enhancement of – Motor Accidents Claim – Claimant, aged 19 years suffered grievous injuries in a road accident – Claimant suffered from paraplegia due to the accident which caused permanent disability to the extent of 45% – Tribunal awarded compensation of Rs. 6,13,000/- along with interest at the rate of 6% p.a. from the date of filing of the petition till the date of realisation of payment – However, the High Court enhanced the compensation to Rs. 9,26,800/- – On appeal, held: Courts should be mindful that a serious injury not only permanently imposes physical limitations and disabilities but often inflicts deep mental and emotional scars upon the victim – On facts,oral evidence of the doctor that the claimant suffered permanent disability to the tune of 45% – Evidence on record indicate that the claimant suffered paraplegia due to the accident, which is a form of paralysis of lower body and it restricts everyday routine more particularly the physical activity – Paraplegia impairs physical, mental and psychological health and had devastating impact on the social and financial well being of the victim – It leads to 100% loss of earning – Claimant’s business could be said to have been gravely impacted – In view thereof, the compensation enhanced from Rs. 9,26,800/- to Rs 21,78,600/-. Compensation: Just Compensation – Explanation of – Held: ‘Just compensation’ should include all elements that would go to place the victim in as near a position as she or he was in, before the occurrence of the accident – No amount of money or other material compensation can erase the trauma, pain and suffering that a victim undergoes after a serious accident – Monetary compensation is the manner known to law, whereby society assures some measure of restitution to those who survive and the victims who have to face their lives. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2022 INSC 1204 |
Petitioner | Sidram |
Respondent | The Divisional Manager, United India Insurance Co. Ltd. And Anr. |
SCR | [2022] 8 S.C.R. 403 |
Judgement Date | 2022-11-16 |
Case Number | 8510 |
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