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Kajal V/s Jagdish Chand
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Kajal V/s Jagdish Chand
Kajal V/s Jagdish Chand

Facts of the Case

This appeal has been filed before the Honorable Supreme Court pursuing to the order passed by the Honorable High Court pleading reconsidering the compensation ordered.

Kajal a school going girl had a healthy lifestyle, she would enjoy playing with her friends, her schooling and other normal routine activities. The scenario changed after 18/10/2007, where Kajal was travelling with her parent on tractor, a truck driver driving the vehicle rashly ran into tractor rupturing the whole vehicle also causing serious injuries to the father and the mother of the appellant. The appellant kajal suffered more grievous injuries resulting into a complete turnover of her life. Kajal suffered a serious brain-damaging injury apart from other injuries which lead to serious disability.  After a thorough examination of her body and brain Graduate Institute of Medical Education and Research, Chandigarh for assessing her disability, it was found that the reported head injury has left kajal with a very low I.Q. Doctors from the institute while in detailed report mentioned that her I.Q is less than 20% of any other normal person of the same age. This report concludes that even when the growth of her entire body and organs her brain will remain like a brain of 9 months old child.

Issues of the Case

  1. Is this compensation paid by the Honorable High Court sufficient?
  2. What all factors are to be considered for payment of such compensation?

Judgment

After a thorough proceeding in the case and after analyzing the argument made by the learned counsels it can be said that the accident here has not just devastating or damaging one but it had really caused an irreparable loss the family and most importantly to girl, here a girl with such injury will not be able to survive the life that was gifted to her by nature. The court finds it difficult to even consider any sum of money that will by any way uplift the growth of the girl but at the same time some compensation according to the law should be determined. The Court finds itself in great difficulty in considering what all factors are required to consider before determining the compensation but after all the arguments though not exhaustive will include factors like Loss of earning, loss of future earning, attendant charges, pain, suffering, loss of amenities, loss of marriage prospects, future medical treatment and expenses relating to treatment, hospitalization and transportation. The Honorable Court decides to take all this consideration and increase the compensation from 14, 70,000/- to 62,27,000/- that should be deposited before the Motor Accidental Tribunal. This amount should be kept in fixed deposit for a period of 5 years in a nationalized bank also insurance company can reduce the sum of money if any paid by before this order. The highest interest rate should be paid on the deposited amount pursuing to interest rate rules, the interest received should be paid the parents of the appellant on the quarterly basis.

The amount in compensation should be used for alone the child and other helped needed for the child only. If after the period of 5 years the disability continues or any situation that needs the Trial Court to renew the amount such court with the terms mentioned can do so without any prior approval of the court with rationale. Further, the parents of the appellant are at time in need of money for special medical expense accrued for the appellant should in writing or by any other means make an application to the Trial Court and Trial Court with all due consideration to the application should release so much of amount if it thinks fit.

The Honorable Supreme Court believes the above order to be in the right interest of the appellant. All the appeals further stand disposed with any order to cost, further, if any applications are pending should stand disposed.

Case No.: CA 735 of 2020

Date: 5/02/2020

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