SC increased compensation for a young girl who suffered a 75% permanent disability and mental retardation after Motor Accident.

Last Updated on December 13, 2024 by NewsDesk SLC

The Supreme Court on 11 December 2024 increased the compensation from Rs 11.51 Lakh to Rs 50.87 Lakh to a young girl who suffered 75% permanent disability and mental retardation after she was hit by a speeding car in 2009.

“Though the physical age will increase, but her mental age will be the same as that of a child studying in 2nd standard/class. In fact, while her body will grow, she will remain a small baby,” Justices B R Gavai and K V Vishwanathan observed while increasing the amount compensation.

The bench pointed out that the girl suffered 75% disability which was permanent in nature due to moderate mental retardation. This disability was in relation to the whole body.

Referring to the previous judgment, the court emphasized that compensation in cases such as this must be granted only once. It noted that plaintiffs could not go to court later to seek enhancements, citing the additional costs incurred. The court further emphasized that in cases involving 100% disability, especially in mental disability cases, courts or tribunals should take a liberal approach in determining compensation. It was emphasized that these awards should take into account not only physical disability but also mental disability and other relevant factors.

“Even in this case, the appellant will remain dependent on another person for the rest of her life. The appellant in the present case will also lose participation in the activities she would normally perform if she had not encountered this.” an unfortunate coincidence,” the bench emphasized.

Baby Sakshi Greola filed an appeal against the Delhi High Court’s November 7, 2017 order, which only increased her compensation from Rs 5,90,750 to Rs 11.50 lakh.

On 2 June 2009, the complainant, aged seven, was walking with her mother and brother to her home from National Bal Bhawan, Kotla Road, New Delhi. When they reached the red light at Deen Dayal Upadhyay Marg and Vishnu Digambar Marg, ITO, Delhi at around 1:00 PM and were crossing the road at the pedestrian crossing, the car traveling at high speed hit the petitioner as a result of which she sustained grievous injuries.

The Supreme Court took into account the doctor’s testimony that children with moderate mental retardation are generally capable of acquiring skills up to the 2nd standard/grade level in adulthood and can only work under strict supervision.

Furthermore, the court noted that the applicant suffered from severe apathy, lacked control over urination and showed no interest in playing or interacting with other children. He stated that the petitioner required constant supervision by a nurse for daily care and needed admission to a special school or training from a special teacher.

Therefore, he thought it fit to award compensation of Rs.15,00,000/- under the head of painful to the complainant. For loss of marriage prospects, the court increased the compensation from Rs one million to Rs five million.

“Therefore, the appellant lost not only her childhood, but also her adult life. Common-law marriage is an integral part of a person’s natural life. Even though the appellant in the present case is capable of reproduction, it is close to impossible for her to raise children and enjoy the simple joys of married life and society,” the bench emphasized.

With regard to escort, the court found the High Court’s assessment of the evidence wrong when it concluded that the appellant would only require a part-time escort.

“On the contrary, we are of the view that the appellant would be dependent on the nurse for life and on a full-time basis. Given her medical condition, the nurse would have to be skilled, not unqualified. The appellant would require special care and attention which can only be provided by an experienced attendant It was therefore incorrect on the part of the High Court to assume that the appellant could be taken care of partially full-time,” argued the bench.

Regarding future medical treatment, the court further observed that the petitioner will need medical assistance in the form of medicines, diapers, etc. to lead a relatively comfortable life. Therefore, it increased the compensation under this head to Rs.5,00,000/-.

Further, the court held that the appellant had attained the age of majority but as she was a minor at the time of the accident, it ordered that an amount of Rs 10,00,000 be paid to her father as her guardian.

However, if an amount of more than Rs 10,00,000 has already been paid, the amount will not be adjusted, the court ordered.

“We further direct that the balance of the amount be invested in one or more Fixed Deposit Certificates to earn the maximum rate of interest. The interest amount shall be payable to the petitioner’s guardian every month,” the bench ordered.

It also allowed the girl’s guardian to apply to the tribunal for an order to withdraw the amount based on a medical opinion if more medical expenses need to be incurred.

The court, therefore, set aside the High Court’s order and directed the insurance company to pay the amount within eight weeks.

Case Law: Baby Sakshi Greola Vs Manzoor Ahmad Simon And Another