SC for liberal interpretation of laws in mishap cases

SC for liberal interpretation of laws in mishap cases

The Supreme Court on Tuesday advocated for liberal interpretation of the law in determining compensation in road accidents, as in a particular case the amount may not be just, adding to the sufferings of the victims.

A bench of Justices A R Dave and Dipak Misra set aside an order of the Andhra Pradesh High Court, reducing the compensation awarded to family members of Rajanala Ravi Krishna (17), who suffered 80 per cent disability and became bed-ridden after a road accident in July, 2000.

The apex court restored the amount of Rs 18.75 lakh granted by the Motor Accident Claim Tribunal under the Motor Vehicle Act to his parents.

After going through the factual matrix of the case, the court said the life of the victim has become very miserable and there would be substantial financial burden on the family members.

“At times it is not possible to award compensation strictly in accordance with the law laid down as in a particular case it may not be just also. We are hesitant to say that it is a reality of life that at times life of an injured or sick person becomes more miserable for the person and for the family members than the death. Here is one such case where the appellants, even during their retired life will have to take care of their son like a child especially when they would have expected the son to take their care,” the court said.

The high court had brought the compensation award to Rs 12.45 lakh on an appeal filed by insurance company stating that the tribunal had awarded huge amount of compensation to a person who was not having any income and was only a student, whose future was not known to anyone.

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