INTRODUCTION
With the rapid increase in the population, the number of vehicles on the road has also risen, provoking a greater number of road accidents. When no one to seek help from is available, the courts of law stand as guardians for those suffering from road accidents. From granting compensation to providing medical assistance, the courts serve as an empowerment system for the victims of road accidents. The compensation provided by the court fulfills the needs of the victims. However, the system of courts providing the compensation which is roughly calculated by the claimant isn’t effective.
BACKGROUND
The Supreme Court recently ruled that it is the duty of the court to assess fair compensation and not be limited by the claimant’s rough calculation.
This ruling of the Supreme Court ensures the victims of road accidents to claim the right compensation which is closely calculated by the courts and not by the claimant and states that the rough calculation made by the claimant does not provide the court with limitation to increase the compensation.
KEY ASPECTS
- JUDICIAL RESPONSIBILITY
The Supreme Court highlights the fact that providing victims of road accidents with fair compensation isn’t an option available but a responsibility that solely relies on the courts. The courts are supposed to examine all the factors affecting the victim before granting compensation as they play a vital role in the victim’s recovery.
- FAIR COMPENSATION
Out of many other reasons, compensation stands first as for what the victim approaches the court. The court must decide the compensation very fairly as the recovery of the victim depends on it. The compensation has to meet all the damages including economic and non-economic damages. In case of a wrongful act by the defendant, the court must punish the wrongdoer and award the innocent with fair compensation.
- Supreme Court’s Ruling
The Supreme Court has said that a rough calculation made by a claimant cannot be a bar or the upper limit for compensation in accident cases as it enhanced compensation to a man from Rs 30.99 lakh to Rs 52.31 lakh for having suffered 100 percent functional disability due to injuries sustained in a road mishap in Odisha.
CONCLUSION
With the recent judgement, the SC serves as a mentor stating the courts to take up the responsibility of calculating fair compensation rather than relying on the claimant’s rough calculation. This landmark ruling of the SC will serve as a guide for future cases.
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WRITTEN BY: D.V. DEEKSHA.
