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Compensation must reflect a genuine attempt of the law to restore the dignity of the being

In JAGDISH vs MOHAN & ORS., the appeal was against the compensation awarded. The appellant had lost both hands and was designated 90% disable and the tribunal did not take loss of future prospect in hand.

The Supreme Court increasing the compensation to Rs. 25,38,308/- held that in making the computation in the present case, the court must be mindful of the fact that the appellant has suffered a serious disability in which he has suffered a loss of the use of both his hands. For a person engaged in manual activities, it requires no stretch of imagination to understand that a loss of hands is a complete deprivation of the ability to earn. Nothing – at least in the facts of this case – can restore lost hands. But the measure of compensation must reflect a genuine attempt of the law to restore the dignity of the being. Our yardsticks of compensation should not be so abysmal as to lead one to question whether our law values human life. If it does, as it must, it must provide a realistic recompense for the pain of loss and the trauma of suffering. Awards of compensation are not law’s doles. In a discourse of rights, they constitute entitlements under law. Our conversations about law must shift from a paternalistic subordination of the individual to an assertion of enforceable rights as intrinsic to human dignity.

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