Gayatree Pattnaik For Shreejita Pattnaik Vs Arundhati Sahoo And Anr. (Supreme Court of India)
Supreme Court Enhances Compensation to ₹83.38 Lakh for Six-Month-Old Child with Permanent Disability; Reiterates Principles of ‘Just Compensation’
The Supreme Court substantially enhanced the compensation payable to a six-month-old child who suffered 90% permanent physical disability (100% functional disability) in a motor vehicle accident, holding that compensation under the Motor Vehicles Act must be just, fair, realistic and humane, particularly in cases involving catastrophically injured children. The Court observed that such injuries permanently alter every stage of a child’s life and compensation must account not merely for present loss but for the lifelong deprivation of dignity, independence, education, employment, marriage prospects and normal enjoyment of life.
The Court restored the multiplier of 18, treated the child’s functional disability as 100%, adopted the minimum wages of a skilled worker for computing future income, and awarded substantially higher amounts towards attendant charges, pain and suffering, loss of amenities, loss of marriage prospects, future medical treatment and conveyance. The total compensation was enhanced from ₹45.40 lakh to ₹83.38 lakh, with interest increased from 6% to 9% per annum from the date of filing of the claim petition until realization.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
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