The mental and physical loss of a victim in a road accident cannot be computed in terms of money but there is no other way to compensate except by payment of just compensation, the Supreme Court said on Tuesday while enhancing compensation to a 5 years old boy.
A bench comprising Justices Hemant Gupta and V Ramasubramanian increased the compensation awarded to the boy to Rs 49. 93 lakh along with interest.
"The determination of damages in personal injury cases is not easy. The mental and physical loss cannot be computed in terms of money but there is no other way to compensate the victim except by payment of just compensation," the bench said. The top court was hearing an appeal filed by the boy challenging the order of the Karnataka High Court awarding a compensation of Rs 13.46 lakh as against Rs. 18.24 lakh awarded by the Motor Accident Claims Tribunal.
The apex court noted that as per the discharge summary issued by the hospital the boy is not able to move both his legs and had complete sensory loss in the legs, urinary incontinence, bowel constipation and bed sore. "We find that in view of the physical condition, the appellant is entitled to one attendant for the rest of his life though he may be able to walk with the help of an assistant device.
"The appellant has not only lost his childhood but also adult life. Therefore, loss of marriage prospects would also be required to be awarded… Still further, the Tribunal should have realised the condition of the child who had complete sensory loss in the legs," the bench said.
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