Supreme Court
Considering marriage as an integral part of life, the Supreme Court on Wednesday ordered a compensation of Rs 50.87 lakh to a 22-year-old mentally challenged woman. The woman was injured in a road accident in her childhood, due to which she became 75 percent permanently disabled. This order was given by Justice B. R. Gavai and Justice K. The bench of V. Vishwanathan gave.
The top court increased the compensation awarded by the Delhi High Court by almost five times from Rs 11.51 lakh to Rs 50.87 lakh. It also covers loss of income, pain and suffering, loss of marriage prospects, attendant expenses and future medical treatment.
What did the top court say about the woman?
The woman, who met with a road accident in June 2009 at the age of seven, was walking home with her family. He was hit by a speeding car, due to which he suffered permanent mental disability. The Supreme Court said that the woman not only lost her childhood but also lost her adult life. The court also said that marriage and having a life partner are a natural part of human life and the idea of marriage and raising children is now almost impossible for a woman.
The woman’s lawyer told the court that as per the medical certificate the woman has 75 per cent intellectual disability and can acquire skills up to class two level. He termed as wrong the High Court’s view that the woman needed a part-time hostess. Delhi High Court had ordered compensation of Rs 11.51 lakh in November 2017.
“A woman will remain dependent on another man throughout her life.”
Rejecting the High Court’s decision, the bench said that the woman will remain dependent on another person throughout her life and despite increasing age, she will still mentally remain like a child studying in class two. The decision to increase the compensation amount in this case came after the earlier order of the Motor Accident Claims Tribunal, in which the compensation amount was only Rs 5.90 lakh. After this the woman approached the High Court and then the Supreme Court ordered to increase the amount of compensation.
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