Case Note & Summary
The Supreme Court enhanced the compensation awarded to Baby Sakshi, a minor victim of a road accident that left her with 75% permanent disability due to mental retardation. The Court emphasized liberal compensation for permanent disabilities impacting earning capacity, quality of life, and marital prospects.
1. Incident Overview: Date: June 2, 2009. Location: ITO, Delhi. A seven-year-old was hit by a speeding car while crossing on a zebra crossing. 2. Claim under Section 166 of the Motor Vehicles Act, 1988: Filed by the appellant's father. The Tribunal initially awarded ₹5,90,750/- with 7.5% interest. 3. High Court Enhancement: Compensation increased to ₹11,51,000/-. Enhanced interest rate: 9% per annum. 4. Supreme Court Appeal and Decision: Issues raised: Insufficient compensation for attendant care, pain, suffering, and future treatment. Final compensation enhanced to ₹50,87,000/-. Acts and Sections Discussed: Motor Vehicles Act, 1988: Section 166: Provision for filing claims for compensation due to motor vehicle accidents. Ratio Decidendi: Broad Interpretation for Justice: Compensation must adequately cover pecuniary and non-pecuniary damages, including future medical costs, loss of earning capacity, and quality of life. Precedents Relied Upon: Cases such as Kajal v. Jagdish Chand emphasized liberal compensation for children facing permanent mental and physical disabilities. Subjects:Motor Vehicles Act, Disability Compensation, Child Welfare, Justice Enhancement, Road Safety.
Issue of Consideration: BABY SAKSHI GREOLA VERSUS MANZOOR AHMAD SIMON AND ANOTHER
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