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The Court enhanced the compensation for the claimants while deciding the case on motor accident, taking into consideration the prospects and dismissed the issue raised by the United India Insurance Co. Ltd. (the Company) as they failed to prove any fraud on the claimant’s part.
The Court reiterated that assessment of functional disability must reflect actual loss of earning capacity and not merely physical disability.
The Court recognised that it would be unrealistic to expect a constant vigil over every tree and shrub within city limits. Likewise, although it may be conceivable that an old branch might eventually give way, public authorities cannot be expected to cut every branch merely because such a possibility exists.
The Court created a new compensatory head for the homemaker’s contribution towards smooth functioning of the household, the loss of maternal support for children and loss of spousal support/the support and care of their child who is an adult, for the parents of the deceased.
The Court observed that the amputation of left leg above knee was due to the injuries sustained during the accident and awarded compensation for loss of future earnings.
“Finding that the driver was not cautious is one thing and finding negligence is quite another thing. Prima facie, the negligence was on the trailer driver as discernible from the evidence recorded before the Tribunal; standard of proof required being preponderance of probability”.
Supreme Court noted that the appellant will remain dependent on another person for the rest of her life. Even though the physical age will increase, her mental age will be that of a child studying in the 2nd Standard. Effectively, while her body grows, she will remain a small baby.
Supreme Court directed that a 64.7% enhancement in compensation would apply in rem, ensuring that uniform benefits would be provided to all affected landowners under the present land acquisition process.
The petitioner, a victim of an acid attack perpetrated by her husband in 2011, was initially awarded ₹7,00,000 as compensation by the Criminal Injuries Compensation Board.