Reshma vs. Dajiba Krishna Lad & Anr.
Background
The appellant, Reshma, then 24 years old, was injured in a motor vehicle accident caused by the rash and negligent driving of respondent no. 1's vehicle, which was insured with New India Assurance Company Limited. The Motor Accident Claims Tribunal (MACT), Belagavi, awarded her compensation, which the High Court of Karnataka (Dharwad Bench) modified on appeal. Dissatisfied with the amount, she approached the Supreme Court seeking further enhancement, while the basic facts of the accident, insurance and negligence were not in dispute between the parties.
Decision Breakdown
The Supreme Court reviewed the various heads of compensation (medical expenses, future medical expenditure, conveyance and incidental charges, marriage prospects, pain and suffering, and loss of amenities) applying settled precedents (including Pratap Singh v. Namita Sekhon, Kajal v. Jagdish Chand, K.S. Muralidhar v. R. Subbulakshmi, and Raj Kumar v. Ajay Kumar) to recompute a fair figure for each head. It found the amounts awarded by both the Tribunal (Rs. 30,24,800) and the High Court (Rs. 35,86,400) to be inadequate, and enhanced the total compensation to Rs. 85,09,369, with interest payable from the date of filing the original claim petition, to be remitted directly to the claimant's bank account by a fixed deadline.
Lesson Learnt
Accident victims are not bound by the compensation figures fixed by lower tribunals or High Courts if those figures understate recognised heads of loss such as future medical costs, pain and suffering, or lost marriage/life prospects. The Supreme Court will recalculate and substantially enhance compensation where the evidence supports it.