Bombay High Court adds ₹5 lakh more to compensation in accident case

Judge says ‘no amount of money can compensate human sufferings and personal deprivation’

The Bombay High Court recently added ₹5 lakh more to the compensation to be awarded to a young girl who suffered physically and mentally in an accident and held, "No amount of money can compensate human sufferings and personal deprivation."

On May 13, 2014, a mother and daughter met with an accident which left them in a tribulation, impacting their physical and mental health and are till date, suffering from pangs of misery, and distress. Two separate claims were filed before the Motor Accidents Claim Tribunal for compensation. In 2019, the mother was awarded ₹20,87,954 with an interest of 7% per annum and the daughter was awarded a compensation of ₹22,50,727 with an interest of 7% per annum.

The liability to pay the compensation was imposed on the owner of the vehicle which was held to be responsible for the ghastly accident and the IFFCO Tokio General Insurance Company Limited, the insurer, jointly and severally. Aggrieved by the tribunal’s order, the company moved the High Court in appeal.

A Single Bench of Justice Bharati Dangre passed the order on April 7 but the copy was made available on April 26. It was hearing a petition filed by IFFCO Tokio General Insurance Company Limited challenging the compensation.

The order recorded that the mother and daughter incurred an expense of ₹9 lakh each on medical treatment and are seeking a compensation of ₹1 crore each. The mother has twin daughters who are special children, being physically and mentally challenged and demanding complete attention from their mother. It was specifically pleaded before the tribunal that the two girls cannot even attend nature's call on their own, and only on signalling their mother with her assistance, they are able to perform any activity, though simplest in its form. She had to engage the services of a maid and cook for her household requirements.

The court said, "As far as the young daughter is concerned, the compensation in my considered opinion, does not include the component of loss of marriage prospects and future medical treatment. I am therefore inclined to enhance the compensation limited to the daughter by adding an amount of ₹3 lakh for loss of marriage prospects and ₹2 lakh for future medical treatment."

The court dismissed the appeals and directed that ₹5 lakh be added to the compensation.