Shweta Mehta, 27, was paralysed when she was 11.
Shweta Mehta, 27, was paralysed waist down in a car accident 16 years ago. But the New India Assurance Company, a leading insurance firm in the country, feels the life-threatening mishap was a “blessing in disguise” for her.
“The accident for the girl was a blessing in disguise as she could get better education and also compensation,” the company’s lawyer argued in the Bombay high court last week.
Observing that the submission was in bad taste, a division bench of justices Bilal Nazki and Sharad Bobde said, “Such an argument is not expected from an advocate.”
Surprised that the company, which is the third-party insurer, had already compensated other victims, but refused to grant any damages to Shweta, the court summoned the general manager of the company on Tuesday.
The company claims that negligence was on the part of Shweta, who was 11 years old at the time of the accident.
On Tuesday, IS Phukela, the general manager of the company, told the court that the company was ready to enhance by Rs5 lakh the compensation of Rs21.23 lakh, allowed by the Motor Accident Tribunal. The entire claim, along with interest, stands at Rs50 lakh.
The bench of justices Sharad Bobde and SJ Kathawalla (justice Nazki has been elevated as the chief justice of Orissa high court), however, advised the company not be behave “like misers” and consider paying a higher amount.
“Life has come to a standstill for this girl. Consider if you can give a little more than this. Don’t act like misers, if possible. She has lost everything she had. What future does she have as a girl? Will she ever live like a normal woman?” Justice Bobde observed.
The case will come up for hearing tomorrow.
The insurance company had moved the high court last year, challenging the August 2007 order of the Motor Accident Tribunal granting Rs21.23 lakh claim to Shweta. She has, however, revised the claim to Rs91 lakh.
Shweta’s counsel Tejpal Inglae told the court that his client deserves a higher compensation as she is a paraplegic with a permanent disability.
“I cannot do anything by myself. I need help for everything. My expenses per month are about Rs78,000, which includes medical expenses and salary to my personal help,” Shweta has stated in an affidavit filed in the court.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}