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[Motor Accident case] Bombay High Court enhances compensation for disabled businessman

The High Court noted that the Motor Vehicles Act is a beneficial legislation and provides for some solace to a victim or to the family of the victim who is a sufferer, when the bread-earner is disabled or succumbs to an accident.

In the present case, the Court noted that the victim was only 24 years old when he met with the accident and he has been left totally impaired.

“The claimant (Bhandari), barely aged 24, at the time when he met with an accident, has been struggling for his survival and overcome his disabilities and the disability incurred by him which resulted in replacement of his hip, has totally impaired his movements and function of his entire body. He may have managed to survive, but his fruitful years are lost, spent in and out of the hospital under a hope of overcoming the disability and restoring himself in a position of a young enterprising business person, with dreams in his eyes,” Justice Dangre observed.

“No amount of compensation can bring his years back nor offer any solace for his sufferings, and but for the accident, and the injury sustained therein, he would have led a happy and healthy life. Though he may somehow manage to engage himself in some gainful activity/avocation, his life will never remain the same. He was prosperous businessman and his life was on the right track but account of the accident, he lost his dream and has become crippled,” the judge added.

The bench, therefore, said that because of his sufferings, Bhandari deserves a compensation of ₹5 lakh each for loss of amenities and loss of expectation of life in addition to what was already awarded by MACT.

Source: Barandbench

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