The Supreme Court on Tuesday awarded Rs 49.93 lakh along with interest to a boy, who was just five-year-old, when he suffered serious injuries, turning him into a paraplegic.
The top court said the mental and physical loss of a victim in a road accident cannot be computed in terms of money but there is no other way to compensate, except by payment of just compensation.
A bench of Justices Hemant Gupta and V Ramasubramanian enhanced the compensation awarded to Master Ayush, acting on his on appeal against the Karnataka High Court order, which granted him Rs 13.46 lakh as against Rs 18.24 lakh, directed by the Motor Accident Claims Tribunal at Dakshina Kannada district.
Noting that determination of damages in personal injury cases is not easy, the bench said that appellant herein is not able to move his both legs and had complete sensory loss in the legs, urinary incontinence and bowel constipation and bed sore.
"In view of the physical condition, the appellant is entitled to one attendant for the rest of his life though he may be able to walk with the help of assistant device…The appellant has not only lost his childhood but also adult life. Therefore, loss of marriage prospects would also be required to be awarded,” the court said.
The court directed payment of Rs 49,93,000, along with interest of 7.5% per annum from the date of filing of the claim application till realisation.
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(Published 31 March 2022, 11:29 IST)
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