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Applying ‘Lost Life Principle’ Kerala HC Awards Special Compensation To A Motor Accident Victim’s Mother

In  MINOR BASID vs National Insurance Co., the victim, a minor aged 6 years, was struck down by a motor vehicle driven by the party respondent on 24/10/2006. Barely alive and struggling, the victim was reduced to a vegetative state and is continuing as such. The father of the victim, who was suffering from diabetes, could not withstand the suffering of his son. The continuous stress faced by the father exacerbated his diabetic disease leading to amputation of both his legs and eventually his untimely death. The mother of the victim thus had a life which was further aggravated by these misfortunes for the past 11 years. The tribunal granted a compensation of Rs 31,05,765 as against a claim of Rs 38,01,000. Seeking enhancement of compensation, the victim through his mother approached the high court. Challenging the compensation awarded, the insurance company too came in appeal before the Kerala High Court.

Invoking the concept of ‘Lost Life Principle’, High Court of Kerala ordered the insurance company to pay additional compensation to the mother of a minor victim in a motor accident case.

This was directed taking into consideration of the physical and mental trauma suffered by her. The court also awarded an enhanced compensation of Rs 35,00,000 towards the future treatment of the victim.

http://www.livelaw.in/applying-lost-life-principle-kerala-hc-awards-special-compensation-motor-accident-victims-mother-read-judgment/

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