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The Gujarat High Court has enhanced compensation for a woman who lost her left leg below the knee after falling from an Ahmedabad Municipal Transport Service (AMTS) bus in 2011. The court has directed an additional compensation of ₹7.15 lakh, including ₹3 lakh specifically for loss of matrimonial prospects.
The court observed that the victim was an unmarried 19-year-old at the time of the accident, and the disability significantly affected her prospects of marriage.
“The Tribunal has erred in not awarding any compensation towards loss of matrimonial prospects. Considering the same, the claimant-victim is entitled to ₹3 lakh under this head,” the court stated.
Court stresses empathetic approach
The High Court noted that motor accident tribunals must adopt a sensitive and empathetic approach, considering the severe physical, emotional, and social impact such accidents have on victims and their families.
The court substantially enhanced compensation under various categories:
- Pain, shock and suffering: increased from ₹25,000 to ₹2 lakh
- Attendant charges, special diet & transportation: from ₹10,000 to ₹50,000
- Loss of amenities & enjoyment of life: significantly enhanced
- Future medical expenses: increased, noting the need to replace the prosthetic limb every 3–5 years
The incident occurred on January 5, 2011, when the woman was alighting from an AMTS bus near Malav Talav in Ahmedabad. The driver allegedly started the bus rashly and negligently, causing her to fall; the front wheel ran over her left leg, leading to below-knee amputation. An FIR was lodged at Vejalpur police station.
Total compensation enhanced
With the High Court's direction, the additional ₹7.15 lakh is to be paid jointly by the bus driver, bus owner, and the insurance company within four weeks.
Earlier, on December 12, 2019, the Motor Accident Claims Tribunal had awarded ₹11.96 lakh, including ₹7.56 lakh for loss of future income and ₹4.41 lakh under medical expenses, pain and suffering, and loss of amenities.
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