The Supreme Court has enhanced compensation for a woman who lost her eyesight and suffered permanent disability in a road accident, raising her total award to Rs 3,77,84,297. In a connected matter arising from the same accident, the Court also upheld compensation of over Rs 82 lakh awarded to the family of the man who died in the crash.
Background of the Case
On April 10, 2011, Sushant Prabhakaran was riding a motorcycle near Brijghat Bridge with Priyanka Das as his pillion rider. A truck hit their bike, and Prabhakaran died on the spot after falling under its wheels. Das survived but suffered severe injuries, including pelvic fractures and total blindness. She later needed a permanent colostomy after surgeries to restore her intestine failed.
Two separate claims followed. Prabhakaran's parents and Das sought compensation for his death, while Das filed a separate claim for her own injuries. The Motor Accident Claims Tribunal at Gurugram and later the Punjab and Haryana High Court awarded compensation in both matters, which the insurer, Reliance General Insurance Company Limited, challenged before the Supreme Court.
Court's Observations
A bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria found no fault with the finding of negligence against the truck driver, noting the FIR and chargesheet supported the claim. On the multiplier issue, the Court held that established precedent required using the deceased's age, not his parents', confirming the multiplier of 16.
For Das's injury claim, the Court had earlier directed a fresh medical evaluation. A Medical Board at Safdarjung Hospital examined her and found 100% permanent physical impairment.
The bench observed that her "capacity to independently secure, sustain, or advance employment in the open labour market has been entirely extinguished."
Decision
The Court dismissed the insurer's appeals in both cases. It upheld the High Court's compensation of Rs 82,56,152 for Prabhakaran's death.
In Das's injury claim, it revised her functional disability assessment from 80% to 100%, raising her total compensation to Rs 3,77,84,297, with 7.5% interest from the date of filing.
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