Case Note & Summary
The appellant, Baby Sakshi Greola, a seven-year-old girl, suffered grievous injuries in a motor vehicle accident on 2nd June 2009 when a car driven rashly hit her while she was crossing a zebra crossing. She sustained subarachnoid haemorrhage, fracture of the left femur, and permanent moderate mental retardation with 75% disability. The Motor Accident Claims Tribunal awarded Rs. 5,90,750 as compensation. On appeal, the High Court enhanced it to Rs. 11,51,000. Still aggrieved, the appellant approached the Supreme Court seeking further enhancement. The Supreme Court examined the evidence, including the testimony of the mother and Dr. Monica Juneja, who confirmed the permanent nature of the disability and the need for constant attendant care. The Court applied principles from Kajal v. Jagdish Chand and other precedents, holding that attendant charges should be based on full-time minimum wages of a skilled worker, not part-time unskilled wages. The Court enhanced the compensation under various heads: attendant charges from Rs. 4,25,000 to Rs. 18,00,000 (for 12 years at Rs. 12,500 per month), pain and suffering from Rs. 1,00,000 to Rs. 3,00,000, future medical treatment from Rs. 30,000 to Rs. 1,00,000, and upheld the award for loss of marriage prospects at Rs. 1,00,000. The total compensation was increased to Rs. 27,35,750 with interest at 9% per annum from the date of filing of the claim petition. The appeal was allowed.
Headnote
A) Motor Accident Compensation - Permanent Disability - Attendant Charges - Section 166 Motor Vehicles Act, 1988 - The Court held that for a child with 75% permanent mental retardation requiring constant supervision, attendant charges should be calculated on the basis of full-time minimum wages of a skilled worker, not part-time unskilled wages. The High Court's award of Rs. 4,25,000 was enhanced to Rs. 18,00,000 for 12 years at Rs. 12,500 per month. (Paras 20-24) B) Motor Accident Compensation - Pain and Suffering - Grievous Injuries - Section 166 Motor Vehicles Act, 1988 - The Court held that the High Court's award of Rs. 1,00,000 for pain and suffering was inadequate given the severity of injuries (brain damage, fracture, incontinence). Enhanced to Rs. 3,00,000. (Paras 25-26) C) Motor Accident Compensation - Future Medical Treatment - Section 166 Motor Vehicles Act, 1988 - The Court held that the High Court's award of Rs. 30,000 for future treatment was insufficient. Enhanced to Rs. 1,00,000 considering the need for lifelong medical care. (Para 27) D) Motor Accident Compensation - Loss of Marriage Prospects - Section 166 Motor Vehicles Act, 1988 - The Court upheld the High Court's award of Rs. 1,00,000 for loss of marriage prospects, noting that the disability severely affects marriage prospects. (Para 28) E) Motor Accident Compensation - Interest Rate - Section 171 Motor Vehicles Act, 1988 - The Court upheld the High Court's award of interest at 9% per annum from the date of filing of the claim petition. (Para 29)
Issue of Consideration
Whether the compensation awarded by the High Court for a minor girl with 75% permanent mental disability due to a motor accident is just and proper, particularly under the heads of attendant charges, pain and suffering, and future medical treatment.
Final Decision
The Supreme Court allowed the appeal and enhanced the total compensation from Rs. 11,51,000 to Rs. 27,35,750. The Court enhanced attendant charges to Rs. 18,00,000 (for 12 years at Rs. 12,500 per month), pain and suffering to Rs. 3,00,000, future medical treatment to Rs. 1,00,000, and upheld the award for loss of marriage prospects at Rs. 1,00,000. The interest rate of 9% per annum from the date of filing of the claim petition was maintained.
Law Points
- Compensation for motor accident victims with permanent disability
- attendant charges based on full-time minimum wages
- pain and suffering for grievous injuries
- loss of marriage prospects
- future medical treatment
- interest rate enhancement
