Gujarat High Court Enhances Compensation for Young Amputee in Motor Accident Case

Court Awards Additional Compensation for Pain, Suffering, and Loss of Matrimonial Prospects to 19-Year-Old Victim

In a significant ruling, the Gujarat High Court has enhanced the compensation awarded to a young woman who suffered the amputation of her left leg below the knee following a motor accident. The court increased the total compensation to Rs. 9,50,000 from the previously awarded Rs. 2,35,000, considering various factors such as pain, shock, suffering, loss of matrimonial prospects, and future medical expenses.

The case, Jigishaben Maheshbhai Patel v. Sipai Mohammadkhan Rasulkhan & Ors., involved a tragic accident that occurred on January 5, 2011. The appellant, Jigishaben Maheshbhai Patel, was traveling in an AMTS bus when she was injured due to the driver's negligence. The Motor Accident Claims Tribunal initially awarded her Rs. 11,96,441 in compensation. However, dissatisfied with the Tribunal's assessment, Patel appealed for an enhancement.

Justice Hasmukh D. Suthar of the Gujarat High Court presided over the appeal. The court recognized the inadequacy of the original compensation, particularly noting the lack of awards for loss of matrimonial prospects and the minimal amount for pain and suffering. The court emphasized a liberal and empathetic approach in determining compensation, referencing precedents such as Kajal v. Jagdish Chand and Sidram v. United India Insurance Company Limited.

In reassessing the compensation, the court awarded Rs. 3,00,000 for loss of matrimonial prospects, Rs. 2,00,000 for pain, shock, and suffering, and increased amounts for special diet, attendant, transportation, loss of amenities, and future medical expenses. The court stressed the importance of sensitivity and empathy in awarding just compensation, reflecting the lifelong impact of the injuries on the appellant.

The judgment underscores the judiciary's role in ensuring fair compensation for victims of negligence, taking into account not only the physical but also the mental and emotional trauma suffered.

Bottom Line:

Motor Accident Claims - Enhancement of compensation for injuries sustained, including amputation and other consequential losses, considering mental pain, shock, suffering, and future medical expenses.

Statutory provision(s): Motor Vehicles Act, 1988, Section 173

Jigishaben Maheshbhai Patel v. Sipai Mohammadkhan Rasulkhan, (Gujarat) : Law Finder Doc Id # 2815050