SC awards ₹1cr to accident victim with 100% disability
AmitAnand.Choudhary@timesgroup.com
New Delhi:06.02.2020
A decade after a 12-year old girl met with an accident which led to 100% physical disability and left her with the mental age of a nine-month-old for the rest of her life due to brain injuries, the Supreme Court on Wednesday came to her rescue awarding compensation of more than ₹1crore including interest.
Kajal, a bright young girl, was travelling on a tractor with her parents on October 18, 2007 when it was hit by a truck. She suffered serious injuries resulting in damage to her brain and was left with a very low IQ besides severe weakness in all her limbs. As per the medical report, her mental age will remain that of a 9-month old child throughout her life. This means while lying on the bed, she will grow with physical and biological attributes of an adult woman, including menstruation etc, but remain a 9-month-old child in her mind.
Noting that the pain and suffering which Kajal, who has turned 24, has to go through the rest of her life, a bench of Justices L Nageswara Rao and Deepak Gupta said this is a case where departure has to made from the normal rules to do justice and assuage her suffering. The court awarded a compensation of ₹62.27 lakh to her along with interest at the rate of 7.5% per annum on that amount since 2007. “This child will remain bed-ridden for life. Her mental age will be that of a nine-month-old child. Effectively, while her body grows, she will remain a small baby. We are dealing with a girl who will physically become a woman but will mentally remain a 9-month-old child. This girl will miss out playing with her friends. She cannot communicate; she cannot enjoy the pleasures of life; she cannot even be amused by watching cartoons or films; she will miss out on the fun of childhood, the excitement of youth; pleasures of a marital life; she cannot have children who she can love let alone grandchildren. She will have no pleasure. Hers is a vegetable existence,” the court said.
Full report on www.toi.in
AmitAnand.Choudhary@timesgroup.com
New Delhi:06.02.2020
A decade after a 12-year old girl met with an accident which led to 100% physical disability and left her with the mental age of a nine-month-old for the rest of her life due to brain injuries, the Supreme Court on Wednesday came to her rescue awarding compensation of more than ₹1crore including interest.
Kajal, a bright young girl, was travelling on a tractor with her parents on October 18, 2007 when it was hit by a truck. She suffered serious injuries resulting in damage to her brain and was left with a very low IQ besides severe weakness in all her limbs. As per the medical report, her mental age will remain that of a 9-month old child throughout her life. This means while lying on the bed, she will grow with physical and biological attributes of an adult woman, including menstruation etc, but remain a 9-month-old child in her mind.
Noting that the pain and suffering which Kajal, who has turned 24, has to go through the rest of her life, a bench of Justices L Nageswara Rao and Deepak Gupta said this is a case where departure has to made from the normal rules to do justice and assuage her suffering. The court awarded a compensation of ₹62.27 lakh to her along with interest at the rate of 7.5% per annum on that amount since 2007. “This child will remain bed-ridden for life. Her mental age will be that of a nine-month-old child. Effectively, while her body grows, she will remain a small baby. We are dealing with a girl who will physically become a woman but will mentally remain a 9-month-old child. This girl will miss out playing with her friends. She cannot communicate; she cannot enjoy the pleasures of life; she cannot even be amused by watching cartoons or films; she will miss out on the fun of childhood, the excitement of youth; pleasures of a marital life; she cannot have children who she can love let alone grandchildren. She will have no pleasure. Hers is a vegetable existence,” the court said.
Full report on www.toi.in
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