The Supreme Court has ruled that all tribunals and high courts dealing with cases of compensation must take into account the inflation and sufferings while awarding the monetary relief to them.
Coming to the relief of a large number of road accident victims who are rendered incapacitated and lose the chances of matrimonial enjoyment causing utmost trauma and pains, the Supreme Court has ruled that all tribunals and high courts dealing with cases of compensation must take into account the inflation and sufferings while awarding the monetary relief to them.
In three separate rulings relating to monetary claims sought by road accident victims who have been incapacitated, a bench headed by Justice GS Singhvi said the sufferings of the dependents of those killed in such accidents and the survivors who are disabled are manifold.
“Some time these can be measured in terms of money but most of the times it is not possible to do so. If an individual is disabled as a result of road accident, the cost of treatment, care and rehabilitation is likely to be very high,” the bench said, adding that,
“A very large number of people involved in motor accidents are pedestrians, children and women and, on account of sheer ignorance, poverty and other disabilities, a majority of them are unable to engage competent lawyers for putting their cause before the tribunals and the courts.”
Holding that the apex court can exercise the constitutional power to do complete justice in cases where there’s deficiency in relief, the apex court, however, regretted that the tribunals and even high courts “do not pay serious attention to the imperative of awarding just compensation to the claimants”.
Quoting a report by the transport research wing of the ministry of road transport and highways, the court underlined the gravity of road accidents and said that between 2004 and 2008, more than 5 lakh people lost their lives and about 22.6 lakh people were injured.
The judges said that even dearness allowance, perks and inflation must also be taken into account while deciding the amount of compensation to be paid to a victim of road accident.
Unfortunately, unlike other developed countries in India there has been “no scientific study” on the impact of inflation on future earning, the court said.
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