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SIDRAM vs. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANR.

SCR Citation: [2022] 8 S.C.R. 403
Year/Volume: 2022/ Volume 8
Date of Judgment: 16 November 2022
Petitioner: SIDRAM
Disposal Nature: Appeal Allowed
Neutral Citation: 2022 INSC 1204
Judgment Delivered by: Hon'ble Mr. Justice J.B. Pardiwala
Respondent: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ANR.
Case Type: CIVIL APPEAL /8510/2022
Order/Judgment: Judgment
1. 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.

2. Case referred
3. Act
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4. Keyword
  • Motor Vehicles Act
  • 1988