Court lifts ceiling on damages for accident victims

Additional Sessions Judge (ASJ) Deepa Sharma has said that a Motor Accident Claims Tribunal (MACT) was well within its authority on determining a “just and fair” compensation, irrespective of what has been claimed by the victims, or relatives.

The judge held that adequate monetary relief should also be considered for “loss of company” and the “mental agony” survivors went through. She said the pain suffered from the death of a near one cannot be mitigated in any manner, but the court can lighten it by awarding money to the surviving parents or relatives.

The court’s observations came in the wake of a petition by one Om Prakash and his wife Murti, who had demanded monetary relief, contending their three-and-half-year old daughter had died due to the rash and negligent driving of a taxi.

The incident took place near R K Puram on October 28 in 2003. The family was on their scooter with daughter Riya standing on the vehicle’s platform in the front. A taxi sped up from behind, overtook the scooter and then applied the brakes suddenly. Om Prakash lost control and ended up crashing into the taxi. Riya had died in the accident.

Her parents then moved court asking for a compensation of Rs 1.6 lakh. The court found the driver culpable of rash driving, and its insurer — the Oriental Insurance Company — “jointly and severally liable” for paying the money.

The court also dismissed the insurance company’s contention that the claim was inflated. The judge said the victim’s parents deserved more money to compensate for the pain they have gone through. The insurance company was then asked to pay Rs 2.75 lakh to the petitioners within a month.