Supreme Court uses extraordinary power to award Rs 15 lakh compensation to girl under Motor Vehicles Act

New Delhi: The Supreme Court has used its extraordinary power to award Rs 15 lakh as a lump sum compensation under the Motor Vehicles Act to a girl, who suffered 50 per cent permanent partial disability, lost her mother at the age of five years in an accident in 2010.

M Pradeesha, represented by her father, assailed the order by the Motor Accident Claims Tribunal and judgment of the Kerala High Court of March 23, 2017, which granted her only Rs 1,72,000 along with interest at the rate of 7.5 per cent per annum.

Led by advocates P B Sashaankh and Vipin Nair, she sought compensation of Rs 32 lakh before a bench of Justices Surya Kant and N Kotiswar Singh.

The counsel said though the appellant – a brave girl - is pursuing her academic pursuits but, as a result of the nature of the disability, it can hardly be disputed that the academic career of the appellant has been adversely impacted.

They said her employment prospects have also been adversely affected; the personal life too is badly impaired as she required constant assistance for movements. Besides, they said her marriage prospects would also be not as bright as would had she been hale and hearty.

The appellant has suffered not only physical pain but unmeasurable mental agony as well; she requires special food and nourishment to keep herself physically fit for her day-to-day routine; and the appellant has lost so many amenities and basic enjoyment of life, they said.

But for the permanent disability, the appellant would have availed greater opportunities of going for higher education in the institutes of eminence and become self-dependent, they said.

Throughout her life, she will not be able to earn the livelihood which a person of her age group with normal health conditions would be able to earn. These losses cannot be measured exactly in monetary terms for the purpose of assessing the compensation, they said.

The counsel said her disability has unfortunately further increased and, as a result of the injuries on her right leg thigh and from knee to ankle, she has lost stability of the leg.

The accident occurred on August 22, 2010 when the appellant, her mother, and some more persons were travelling in a TATA Ace Van from south to north in Tambaram-Maduravoyal Bye Pass Road when the van hit a stationary Lorry.

It was alleged that the Lorry was parked in the middle of the road on the Porur Lake Bridge without any signal or indicator. The mother of the appellant sustained multiple fractures and injuries and died in the hospital. The appellant, who was 5 years old at that time, also sustained injuries.

As per the medical certificate produced on behalf of the appellant before the Tribunal, which has been accepted by the High Court as well, she was found to have suffered 50 per cent partial permanent disability.

Opposing the plea, the insurance companies said, the disability certificate now produced before this court cannot be relied upon and as per the certificate which was produced before the Tribunal, the compensation has been rightly assessed.

The bench, however, said, "Having heard counsel for the parties and on perusal of the disability certificate, coupled with other relevant factors, we are satisfied that instead of assessing compensation under different heads, it is a fit case to invoke our powers under Article 142 of the Constitution to grant lump sum suitable amount of compensation to the appellant."

The amount fixed as lump sum compensation would be in addition to Rs 1,72,000 fixed by the tribunal, the court said.

The court directed the insurance companies to pay the amount within 90 days or it would carry interest at the rate of 7.5 per cent per annum. It allowed the insurance to recover the amount from the owner of the vehicle in terms of the liberty already granted by the tribunal and the High Court.