Marriage an integral part of life: Top court enhances compensation to road accident victim

New Delhi: Observing that marriage is an integral part of life, the Supreme Court on Wednesday awarded a compensation of Rs 50.87 lakh to a 22-year-old woman who suffered mental disability owing to injuries in a road accident as a child for loss of marriage prospects, pain, medical expenses. The top court enhanced the compensation nearly five times from Rs 11.51 lakh -- granted by the Delhi High Court -- to Rs 50.87 lakh by factoring in the “loss of income/earning capacity”, “pain and suffering”, “loss of marriage prospects”, “attendant charges” and “future medical treatment”.

The woman met with a near fatal road accident in June, 2009, rendering her 75 per cent permanently disabled on account of moderate intellectual disability.

“The appellant (woman), therefore, has not only lost her childhood but also her adult life. Marriage/companionship is an integral part of the natural life of a human being,” a bench of Justices B R Gavai and K V Viswanathan said. “Although, in the present case the appellant is capable of reproduction, it is near impossible for her to rear children and enjoy the simple pleasures of marital life and companionship,” it said. The top court delivered its verdict on her appeal challenging the November, 2017 order of the Delhi High Court that awarded her Rs 11.51 lakh compensation.

The top court noted it was recorded in the testimony of a doctor, who was a witness in the case, that children with “moderate mental retardation” were generally able to learn skills up to the level of second standard as adults and can work under close supervision only. The bench said she would remain dependent on someone else for the rest of her life.

“Even though her physical age will increase, her mental age will be that of a child studying in the 2nd standard/class. Effectively, while her body grows, she will remain a small baby,” it said. The apex court noted that in June, 2009, the appellant was on foot along with her family members, who were on their way home, when a speeding car hit her when they were crossing the road.

A claim petition for grant of compensation under the provision of the Motor Vehicles Act, 1988, was filed before a Motor Accident Claims Tribunal which awarded a compensation of Rs 5.90 lakh. The appellant subsequently moved the high court seeking an enhancement of the compensation awarded on account of injuries suffered in the accident.