Accident Compensation: Court Enhances Compensation for Victim in Vegetative State

April 18, 2018

Case name: Master Basid v. K. Sanu & Ors.

In an extremely saddening facts and circumstances of the instant case, the Kerala High Court while substantiating on the sorrow and pain of a mother has passed an exemplary order by awarding the mother of motor vehicle accident victim compensation of Rs. 15,00000/-.

Brief facts of the case: A minor child named Basid met with an accident at the age of six. In the accident Basid sustained severe injuries and is in a virtual lifeless state for more than 11 years. The Motor Vehicle Tribunal in the case awarded an amount of Rs.31,05,765/- as compensation against the claim for Rs.38,01,000/-. Hence, the issue before the Court was whether the measure and extent of the compensation awarded by the Tribunal and whether it required any escalation or reduction?

The claimant in the case sought enhancement of compensation alleging that the same would not be sufficient to take care of the child’s future treatment since even assuming that for the last eleven years an amount of Rs.20,000/- per month had been spent for his medical care.

In the case the Respondent Insurance Company challenged the award of compensation stating that the amounts granted under the heads of ‘loss of studies’, ‘loss of earning power’ and ‘loss of amenities of life’ by the Tribunal were subsumed under the head ‘compensation for continued permanent disability’.

Pursuant to taking into account the exceptional facts and circumstances of the present case, precedents on quantum of compensation in such cases and based on the medical reports of the child, the Kerala High Court dismissed the arguments advanced by the Respondent Insurance Company and also enhanced the amount of compensation.

The Kerala High Court made the following noteworthy observations in the case:

The entire case can be accessed here.

Related Posts:

Also read Motor Vehicle Act, 1988 – SC issues guidelines on Assessment of Compensation

Also read Landmark Judgments on Motor Vehicle Act in 2017

  

[1] (2013 (3) KLJ 815)

[2] ((2014) 15 SCC 1)

About the Author

Shilpi Sharan

- Shilpi Sharan is the Editor at Vakilno1.com - an Advocate with extensive knowledge in myriad fields of Law. She has a flair of writing and has legal publications in national and international law magazines to her credit. She focuses on legal research and aims at raising public awareness of laws in India.