A Bench of Justices SG Pandit and Anant Ramanath Hegde increased the compensation awarded by the Motor Accidents Claims Tribunal (MACT) from ₹3.73 lakh to ₹17.68 lakh.
While passing the order, the Court noted that determining the amount of compensation payable under non-financial heads such as pain and suffering, loss of amenities in life and loss of expectations in life is not simple, especially when the victim has suffered a permanent disability at a young age.
For compensation of loss of amenities and enjoyment of life, the Court said that it must be kept in mind that the claimant has suffered an irreversible injury, and his marriage prospects have been destroyed, depriving him of the pleasure and benefits of married life.
Even if he were to get married, he would not be able to enjoy a conjugal relationship or have children of his own, the Court noted.
“Since the marriage prospect of the claimant is wiped out, the claimant is deprived of all the pleasure and benefits of married life. The loss is so huge and is incapable of evaluation in terms of money,” said the Court.
Source: Barandbench
