New Delhi, Aug 3 (IANS) The Supreme Court on Monday observed that a child who suffers catastrophic injuries loses far more than physical abilities, as such trauma robs them of the ordinary joys of childhood, dignity, independence and an entire future, as it enhanced compensation from Rs 45.40 lakh to Rs 83.38 lakh for a girl who suffered permanent disability in a road accident at the age of six months.
A bench of Justices Ujjal Bhuyan and N.V. Anjaria said courts dealing with compensation claims involving severely injured children must adopt a “realistic, humane” approach, keeping in mind that the consequences of catastrophic injuries extend far beyond physical impairment and continue throughout the victim’s life.
“Injuries suffered by children have consequences which extend far beyond the immediate physical disability. Such injuries accompany the victim throughout her life and affect every stage of her development. The loss suffered is not temporary. It is lifelong, continuing and irreversible,” the Justice Bhuyan-led Bench said.
“A child who suffers catastrophic injuries loses much more than physical abilities. The child may lose the joys and experiences ordinarily associated with childhood itself. Activities which other children take for granted, like playing, running around, attending school, interacting with friends, participating in social functions and enjoying ordinary pleasures of life may become permanently inaccessible,” it added.
The apex court observed that the impact of such injuries goes beyond bodily impairment.
“Human dignity forms an inseparable component of life. When a catastrophic injury deprives a child of the ability to perform the ordinary functions independently, the resulting loss transcends the realm of physical disability and assumes the character of a continuing deprivation of dignity. Therefore, the injury affects not merely the body but the very manner in which life itself is experienced,” the bench said.
The Supreme Court stressed that while determining compensation, courts must remain conscious that “what has been taken away is not merely physical capacity but the child’s entire future life.”
The case arose from a motor accident in Odisha that occurred on June 16, 2015, when the infant, Shreejita Pattnaik, was travelling with her parents. A tanker coming from the opposite direction allegedly swerved onto the wrong side of the road and collided head-on with their vehicle. The child suffered severe spinal cord and neurological injuries resulting in 90 per cent permanent locomotor disability due to post-traumatic myelopathy with paraplegia.
Medical evidence showed that she would require lifelong care and remain dependent on others throughout her life.
While the Motor Accident Claims Tribunal had awarded Rs 30.12 lakh and the Orissa High Court enhanced it to Rs 45.40 lakh, the Supreme Court found that the compensation still fell short of the requirement of “just compensation” under the Motor Vehicles Act.
Holding that the child’s functional disability was effectively 100 per cent despite a medically certified 90 per cent physical disability, the apex court said her future earning capacity stood “completely destroyed; rather extinguished”.
Recomputing the compensation under various heads, including future earnings, attendant charges, pain and suffering, loss of amenities and future prospects, the Supreme Court enhanced the compensation to Rs 83.38 lakh with interest at 9 per cent per annum from the date of filing of the claim petition. It directed the insurer, New India Assurance Company Ltd., to deposit the enhanced amount along with accrued interest before the Motor Accident Claims Tribunal within six weeks.
