The Bombay High Court on May 9 upheld the ₹62.20 lakh compensation granted by the Motor Accident Claims Tribunal (MACT), Mumbai, to the family of Charu Khandal, an employee of Red Chillies Entertainment, who tragically died after suffering severe injuries in a 2012 road accident.
Charu Khandal was a young and promising character animator working for Red Chillies Entertainment, the production company owned by actor Shah Rukh Khan. She was only 28 years old when the accident occurred on March 25, 2012. While returning home in an autorickshaw with friends, their vehicle was hit by a Honda City car near Oshiwara, Mumbai. The impact caused severe cervical spinal injuries, rendering her paralysed. After enduring almost five years of painful treatment and complications, Charu passed away on January 17, 2017.
In its judgment, the division bench of Justice Girish Kulkarni and Justice Advait Sethna found no reason to interfere with the MACT’s decision. They observed that the tribunal had correctly assessed the evidence and awarded a fair and just compensation to the family of the deceased.
“Perfect compensation is hardly possible, but fair compensation ought to be the norm. Each case has to be decided in light of its own facts and at the end, one must ask whether the sum awarded is a fair and reasonable sum. Adverting to these principles, we are of the view that in the given facts and circumstances, the least that can be done to serve the ends of justice is to uphold the grant of compensation of ₹62,20,000/- to the family of the deceased who did not deserve the life that she went through after the accident leading to the final sacrifice of her life, as fate/destiny would want it to be,” the court stated.
Charu was initially admitted to Kokilaben Dhirubhai Ambani Hospital for treatment immediately after the accident. According to the court’s record, her family incurred over ₹20 lakhs in medical expenses alone during her long struggle. Despite efforts, she remained paralysed and eventually succumbed to complications from her injuries.
Read Also:-Bombay High Court Orders Takedown of Six Defamatory Videos Against Minister Girish Mahajan
The insurance company, Cholamandalam MS General Insurance Co. Ltd., had challenged the MACT’s November 2020 order, arguing that Khandal’s death occurred nearly five years after the accident and therefore could not be directly linked to it. They claimed that the compensation should be reconsidered due to the time gap between the incident and her death.
However, the court dismissed this claim, noting that the prolonged medical complications clearly stemmed from the accident and were thoroughly proven through medical documents and witness testimonies.
It would be extremely harsh, excessive and rather too pedantic an approach in such matters of life and death if we are to assess every single medical bill with mathematical accuracy which is not what the law would mandate. The MACT has correctly followed the well-established legal principles and parameters in this regard, the bench held.
The judges also emphasized that the Motor Vehicles Act is a welfare legislation and should be interpreted to fulfill the right to life and dignity under Article 21 of the Constitution. They reiterated that courts must focus on justice and fairness, especially in matters involving human suffering.
“The Motor Vehicles Act is a beneficial piece of legislation. Courts cannot ignore the fundamental rights under Article 21, which include the right to live with dignity,” the judgment noted.
Finding no irregularity in the MACT’s reasoning, the court dismissed the insurance company's appeal, stating that the tribunal’s findings did not suffer from any illegality or error that required interference.
The case titled Cholamandalam MS General Insurance Co. Ltd. vs Charu Ashok Khandal (First Appeal No. 154 of 2022) thus concluded with the affirmation of compensation to the deceased’s family, offering some closure and justice after a prolonged legal and emotional battle.
