Mumbai, Apr 26 (PTI) An active and blissful life filled with fun and frolic came to an abrupt end for a 10-year-old boy who became a paraplegic due to a car accident and such a pitiful situation should be minimised, the Bombay High Court observed while increasing the compensation amount awarded to the victim.
A single bench of Justice Bharati Dangre dismissed an appeal filed by Reliance General Insurance Company Limited, challenging the award passed by the Motor Accident Claim Tribunal (MACT) directing a compensation of Rs 33,48,670 to be paid to Siddhant Kadam, who at the time of the accident was 10 years old.
A copy of the order dated April 8 was made available on Tuesday.
The court, in its order, stated that the compensation awarded is, in no way, enough to offer any justiciable solace to Siddhant and his family.
Justice Dangre noted that the despicable situation that Siddhant is in at present deserves pity and by some means, this hapless and pitiful situation should be minimised.
The court modified the compensation amount awarded to Siddhant and directed the insurance company to pay Rs 8 lakh up and above the sum of Rs 33 lakh given by the tribunal.
In April 2010, Siddhant, his mother Jayashree and brother Pratik were travelling from Mumbai to Ratnagiri in their car, when at Raigad, Pratik, who was driving, lost control and the four-wheeler turned turtle.
Siddhant suffered serious head injury and was in coma for a month.
Due to the accident, Siddhant became a paraplegic and was diagnosed with permanent partial disability to the extent of 75 per cent.
“An active, blissful life turned into a passive, distressing one, compelling him (Siddhant) to give up his education,” the court said.
After the accident, a claim was made for compensation from Reliance General Insurance, with whom the vehicle was insured.
“Siddhant was a bright young boy. He was like any other boy in the neighbourhood, full of fun and frolic. One moment changed his entire life, he turned a paraplegic, which is an incurable medical condition. Treatment offered is rehabilitation, some medication and a big hope. His condition, as on day, does not even permit this hope to him,” the court said.
It further said that while fixing the amount of compensation payable to the victim of an accident, the damages have to be separately assessed as pecuniary and non-pecuniary damages.
“Non-pecuniary damages are those which are incapable of being assessed by arithmetical calculations and may include mental and physical shock, pain and suffering already suffered or likely to be suffered in the future and damages to compensate for the loss of amenities of life, which may include variety of matters like being unable to walk, run or sit, enjoy the pleasures of life and live like every other boy in the neighbourhood,” the order said.
Apart from this, inconvenience, hardship, discomfort, disappointment, frustration and mental stress in life may also be some of the factors which would necessarily be required to be taken into account while granting the compensation, it added. PTI SP ARU ARU
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Source: The Print
