Woman gets ₹26L after losing leg, ₹2L for ‘loss of marriage prospect’
Rebecca.Samervel@timesgroup.com
Mumbai:20.10.2019
In a recent payout of ₹28 lakh awarded to a 34-year-old woman who lost a limb in an accident in 2015, the Motor Accident Claims Tribunal included ₹2 lakh in total compensation for “loss of future marriage prospect”.
The tribunal observed that of late, finding a suitable marriage prospect has become a herculean task for even a normal person and impossible for someone who has lost a leg. It relied on a Madras high court order, which said that if a person remained unmarried, it was an altogether different matter, but if a person is compelled to remain a bachelor due to injuries sustained and consequent amputation, it would be “utmost agonising”.
“It was impossible for her to get a suitable groom. Therefore, she is entitled to ₹2 lakh for loss of marital prospects. In addition to this, it would be reasonable to award compensation of ₹2 lakh for the loss of amenities and pleasure of life, and ₹2 lakh for her inability to attend social functions in future,” the tribunal said. Other heads under which the payout was calculated included loss of income due to disability, special diet, conveyance and attendant charges, costs for an artificial limb and medical expenses.
In the plea submitted before the tribunal in 2016, it was alleged that on November 14, 2015 about 3.30pm, when the woman and her mother were on their way to Thane in an autorickshaw driven by her father, a speeding SUV rammed into them at Kanjurmarg. The woman deposed in the tribunal and iterated the details of the incident.
Observing that her testimony was corroborated by documentary evidence which included the FIR, the tribunal said, “I have no hesitation to hold that applicant has proved that accident took place due to rash and negligent driving.”
In two other orders, the woman’s 54-year-old mother was awarded a compensation of around ₹16 lakh for serious injuries suffered in the accident, and her 57-year-old father was awarded a payout of around ₹60,000. The compensations will have to be paid by SBI General Insurance and the vehicle owner, Bhayandar-based Shree Tours & Travels.
In addition to the ₹28 lakh awarded to a 34-year-old woman who lost a limb in an accident in 2015, the Motor Accident Claims Tribunal included ₹2 lakh in total compensation for “loss of future marriage prospect”
Rebecca.Samervel@timesgroup.com
Mumbai:20.10.2019
In a recent payout of ₹28 lakh awarded to a 34-year-old woman who lost a limb in an accident in 2015, the Motor Accident Claims Tribunal included ₹2 lakh in total compensation for “loss of future marriage prospect”.
The tribunal observed that of late, finding a suitable marriage prospect has become a herculean task for even a normal person and impossible for someone who has lost a leg. It relied on a Madras high court order, which said that if a person remained unmarried, it was an altogether different matter, but if a person is compelled to remain a bachelor due to injuries sustained and consequent amputation, it would be “utmost agonising”.
“It was impossible for her to get a suitable groom. Therefore, she is entitled to ₹2 lakh for loss of marital prospects. In addition to this, it would be reasonable to award compensation of ₹2 lakh for the loss of amenities and pleasure of life, and ₹2 lakh for her inability to attend social functions in future,” the tribunal said. Other heads under which the payout was calculated included loss of income due to disability, special diet, conveyance and attendant charges, costs for an artificial limb and medical expenses.
In the plea submitted before the tribunal in 2016, it was alleged that on November 14, 2015 about 3.30pm, when the woman and her mother were on their way to Thane in an autorickshaw driven by her father, a speeding SUV rammed into them at Kanjurmarg. The woman deposed in the tribunal and iterated the details of the incident.
Observing that her testimony was corroborated by documentary evidence which included the FIR, the tribunal said, “I have no hesitation to hold that applicant has proved that accident took place due to rash and negligent driving.”
In two other orders, the woman’s 54-year-old mother was awarded a compensation of around ₹16 lakh for serious injuries suffered in the accident, and her 57-year-old father was awarded a payout of around ₹60,000. The compensations will have to be paid by SBI General Insurance and the vehicle owner, Bhayandar-based Shree Tours & Travels.
In addition to the ₹28 lakh awarded to a 34-year-old woman who lost a limb in an accident in 2015, the Motor Accident Claims Tribunal included ₹2 lakh in total compensation for “loss of future marriage prospect”
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