The Supreme Court has used its extraordinary powers to do complete justice by increasing — by nearly 15 times — the motor accident compensation awarded to a “brave” Chennai-based girl, who lost her mother and sustained extensive injuries in 2010.
A Bench headed by Justice Surya Kant recounted how M. Pradeesha was battling a 50% permanent disability to lead an independent life after losing her mother in a road accident at the age of five in August 2010.
The mishap took place when the van, in which the mother and daughter were travelling in, collided with a truck parked in the middle of the road without any signal or indicator.
In its recent order, the Bench detailed the physical and mental challenges that Ms. Pradeesha, represented by advocate P.B. Sashaankh, braved everyday while pursuing her academic goals.
The court said that her disability had adversely impacted her academics, employment prospects and personal life. “The appellant has suffered not only physical pain, but also unmeasurable mental agony. She requires special food and nourishment to keep herself physically fit for her day-to-day routine,” the court added.
Litigation in the Motor Accident Claims Tribunal and the Madras High Court ended up with her being allowed a compensation of ₹1.72 lakh in 2017.
Mr. Sashaankh contended that the nature of the permanent partial disability warranted a more holistic compensation framework that factored in not just medical costs, but also future earning capacity and educational setbacks. Insurance companies, in turn, had disputed the extent of the impairment and questioned the credibility of the appellant’s medical certificate.
“We allow this appeal to the extent that in addition to what has been awarded by the Tribunal and the High Court, the appellant shall be entitled to a lump sum compensation of ₹15 lakh, which shall be paid by the insurance companies,” the Supreme Court directed.
Published – April 02, 2025 10:04 pm IST