SC increases compensation amount for injured school girl to Rs 30.93 lakhs

The court said the girl, who was 16-year-old at the time of the accident, would have had a better future in terms of educational and professional careers because of her meritorious record but this opportunity has been lost due to her disability caused by the accident.

"In view of the judgements of this court and the fact that the appellant (girl) is a brilliant student as she has secured first rank in the 10th standard, she would have had a better future in terms of educational career to acquire basic or master degrees in the professional courses and she could have got a suitable either public or private employment but on account of permanent disablement she suffered due to injuries sustained by her in the accident, that opportunity is lost to her

"And therefore, she is entitled to compensation as per law laid down by this court...," a bench of justices Gyan Sudha Misra (since retired) and V Gopala Gowda said.

The bench directed the insurance company, with which the offending vehicle was insured, to pay Rs 30.93 lakh to the girl V Mekala.

Mekala was earlier awarded a compensation of Rs 6.46 lakh by the trial court, which was enhanced to Rs 18.22 lakh by

the Madras High Court.

The girl, however, challenged the Madras high Court order contending the determination of monthly notional income of the victim by the High Court by taking a meager sum of Rs 6,000 instead of Rs 18,000 per month as she is a student of class XI holding first rank in her school.

She said she had an excellent career ahead of her but she has become permanently disabled due to the grievous injuries sustained in the accident caused by rash and negligent act of the driver of the offending vehicle.

She added she could have acquired a professional degree and procured a well-paid job either in public or private sector which would have paid her Rs 18,000 per month.

The insurance company had opposed the enhancement plea saying the high court had already enhanced the compensation under various heads, including pain and suffering, permanent disability, medical expenses, loss of future career and loss of marriage prospects.

It contended this was not a fit case for the apex court to enhance the compensation as prayed by the girl.

The apex court also enhanced the amount of compensation awarded to the girl under the head of 'Loss of enjoyment of life and marriage prospects' to Rs three lakh from Rs two lakh saying it was totally inadequate since her marriage prospect has substantially reduced and on account of permanent disability which will deprive her of enjoyment of life.