Supreme Court comes to the aid of road accident victim

‘Compensate for inability to lead full life’.

The purpose of road accident compensation under the Motor Vehicles Act is to restore the victim to the position he enjoyed prior to the mishap, the Supreme Court observed in a recent judgment.

“The claimant is entitled to be compensated for his inability to lead a full life, and enjoy those things and amenities which he would have enjoyed, but for the injuries,” a Bench of Justices Rohinton F. Nariman and Indu Malhotra observed.

The Bench ordered a compensation of over ₹20 lakh to Anant, a Pune-based driver, who is suffering from permanent disability after a car, on the wrong side of the road, collided with his scooter in October 2009. He was 29 years old then.

Though Anant had claimed ₹20 lakh compensation, the Motor Accidents Tribunal only granted him ₹7 lakh. On appeal, the Bombay High Court said he was being overpaid as a driver. Anant was drawing a salary of ₹8,500. However, the HC said the salary was on the “high side” and calculated his compensation by capping his salary at ₹5000.

In the judgment authored by Justice Malhotra for the Bench, the apex court concluded that Anant had not been recompensed for his suffering and disability caused by the accident.

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Printable version | May 22, 2020 10:13:23 AM |

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