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.