Considering that marriage is 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 traffic accident during her childhood, leaving her 75 percent permanently disabled. The order was issued by Judge B. R. Gawai and justice KV Vishwanathan’s bench conceded.
The Supreme Court increased the compensation awarded by the Delhi High Court nearly five times from Rs 11.51 lakh to Rs 50.87 lakh. It also covers lost income, pain and suffering, loss of marital prospects, care costs and future medical treatment.
What did the Supreme Court say about this woman?
The woman was walking home with her family in June 2009, when she was seven, when she was involved in a car accident. He was hit by a speeding car and suffered a permanent mental disability as a result. The Supreme Court said the woman had lost not only her childhood but also 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 getting married and raising children is now almost impossible for women.
The woman’s lawyer told the court that according to medical certificates, the woman has 75% intellectual disability and can acquire second-level skills. He said the High Court was wrong in its view that the woman needed a part-time hostess. The Delhi High Court in November 2017 ordered a compensation of Rs 11.51 lakh.
“A woman is dependent on another man for her entire life.”
The judge overturned the High Court ruling, saying the woman would be dependent on another person for her entire life and that despite her increasing age, she was still mentally like a second-grade child. The decision to increase the amount of compensation in the case follows an earlier order issued by the Motor Accident Claims Tribunal, in which the amount of compensation was only Rs 5.90 lakh. Thereafter, the woman filed a case in the High Court and the Supreme Court subsequently ordered an increase in the amount of compensation.
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