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by Admin
07 May 2024 2:49 AM
The Delhi High Court dismissed an appeal by The Oriental Insurance Co Ltd, affirming and enhancing the compensation awarded to Ms. Seema, who suffered severe injuries resulting in the amputation of her right arm and an 85% permanent disability after a motor vehicle accident.
The core legal issue involved the adequacy of compensation awarded by the Motor Accident Claims Tribunal (MACT) for Ms. Seema’s profound losses and the subsequent life adjustments required by her disability. The appellant challenged the quantum of compensation, especially regarding future earnings and the costs of a prosthetic limb.
The incident occurred on August 26, 2016, when a bus insured by the appellant company collided with the motorcycle Ms. Seema was riding on. At the time of the accident, Ms. Seema was a 22-year-old student at Delhi University. The MACT had initially awarded a compensation amount considering her medical expenses, the severe impact on her lifestyle, and potential future earnings.
Driver’s Negligence: The court noted that there was no contention against the tribunal’s finding on the bus driver’s negligence, which was the accident’s primary cause.
Prosthetic Limb Costs: The High Court found no merit in the appellant’s argument that the tribunal had erroneously awarded an arbitrary amount for the prosthetic limb. The award was substantiated by expert testimony and aligned with Supreme Court precedents, ensuring Ms. Seema could afford quality prosthetics throughout her life.
Future Earnings: Emphasizing the profound impact of the disability on Ms. Seema, who is right-handed, the court noted her significantly diminished capacity to perform various personal and professional tasks. The tribunal’s application of a 40% enhancement on the minimum wages for future earnings loss was upheld.
Enhancements for Non-economic Damages: The High Court increased amounts for mental anguish and potential difficulties in marital prospects due to societal perceptions and physical challenges post-disability.
Decision: The appeal was dismissed, with the total compensation enhanced to Rs. 67,65,238. The court mandated the prompt deposit of the revised compensation amount, with penalties specified for non-compliance, emphasizing timely relief for Ms. Seema.
Date of Decision: April 23, 2024.
The Oriental Insurance Co Ltd vs Ms. Seema & Ors.
