2016 accident shattered kho-kho champion’s dreams, Delhi High Court orders Rs 10 lakh

A kho-kho and long jump champion saw her sporting ambitions and education derailed in an accident in March 2016 left her with 66 per cent permanent disability. More than 10 years later, the Delhi High Court has directed the insurer to deposit Rs 10 lakh for her future surgery, while refusing to reduce the Rs 6 lakh compensation awarded for loss of studies and marriage prospects.

Justice Anish Dayal was hearing cross-appeals filed by a private insurance company and one Simran Kaur against a compensation award made by the Motor Accident Claims Tribunal at Tis Hazari Courts, Delhi, on March 13, 2018.

“The ability to pursue academics and sports, develop a career, and in due course, establish a family of her own, are ordinary aspirations and expectations, forming an integral part of the normal course of life of any person. These are not merely aspirations for the future but aspects of life that injured/claimant would have reasonably expected to pursue had the accident not occurred. Therefore, having been deprived of the same on account of the accident, there is no reason why she ought not be adequately compensated for it,” the court said on October 5.

The case arose from an accident on March 12, 2016, when Kaur was travelling with her father on a bus heading from Ludhiana towards Delhi and Jaipur. The insurer challenged compensation for loss of studies and marriage prospects due to the accident, while Kaur sought more money for future surgery to address her injuries.

Justice Anish Dayal directed the insurer to deposit Rs 10 lakh for future surgery upholding Rs 6 lakh compensation for loss of studies and marriage prospects. (Image enhanced using AI)

Sporting, education ambitions disrupted

On March 12, 2016, a truck struck the bus Near the Panchi Gujran cut on GT Road leaving Kaur with grievous injuries and 66 per cent permanent disability. She was studying in Class 8 at the time of the accident. Her injuries include a deformity of the left foot, a varus deformity of the heel, an equinus deformity of the ankle, amputated toes and a shortened limb.

The high court noted that Kaur had been a champion in kho-kho and long jump. Certificates of appreciation placed before the tribunal recorded that she had secured third, second and first positions in these events. The tribunal considered her sporting achievements and the severity of her injuries while assessing the impact of the accident on her future.

Kaur challenged the tribunal’s decision to award only Rs 1 lakh for future treatment, arguing that the amount was insufficient given the estimated cost of corrective surgery at Sir Ganga Ram Hospital. The high court called Dr Manish Dhawan, a senior consultant in the hospital’s orthopaedics department, to explain the proposed treatment and its cost.

Story continues below this ad

Appearing through video conferencing, the doctor said the specialised and complicated surgery would require at least three separate procedures to address the consequences of the amputated toes and the shortening of Kaur’s limb. The treatment involved specialised software and techniques that were not easily available, he said.

An estimate dated February 3, put the cost at approximately Rs 9.35 lakh for treatment with a single room. The doctor said choosing a lower category of room could reduce the expense by about Rs 1 lakh. Recovery could take up to a year because limb lengthening proceeds slowly.

The court held that a single room was reasonable given the complexity of the treatment and prolonged recovery. It said Kaur should not be exposed to additional health risks or bodily suffering merely to reduce the estimated cost. It accordingly awarded Rs 10 lakh towards future surgery and treatment, allowing for possible variations in the final expense.

The insurer challenged the tribunal’s award of Rs 4 lakh for loss of studies and Rs 2 lakh for loss of marriage prospects. It argued that Kaur had not produced school marksheets or attendance records to establish the loss of studies and questioned whether her injuries justified compensation under these heads.

Story continues below this ad

The high court rejected the challenge, considering her disability in the accident, medical evidence and the circumstances recorded by the tribunal. It said education, sports, career development and the prospect of establishing a family were ordinary expectations of life. These were opportunities Kaur could reasonably have expected to pursue had the accident not occurred.

The court also referred to earlier decisions recognising that disruption to education could cause a wider loss of the amenities of life, including setbacks to academic progress and the ability to pursue a vocation and earn a livelihood.

It explained that the question was whether the claimant had been adequately compensated for her losses, rather than simply which label had been assigned to each head of compensation. Loss of studies and loss of marriage prospects fell within the broader category of loss of amenities of life. Since the tribunal had already awarded compensation for these losses, there was no reason to reduce the amounts, it held.

Insurer given four weeks to deposit money

The high court directed the insurer to deposit Rs 10 lakh before the tribunal within four weeks. The amount must be kept in an interest-bearing fixed deposit and can be released to Kaur only after she produces the requisite hospital documents confirming that the surgery has been planned.

Story continues below this ad

The court also directed that the balance of the previously awarded compensation, along with accrued interest, be released to her in a lump sum if it had not already been paid. The tribunal had originally awarded Rs 14,89,090, with interest at 9 per cent per annum. In May 2018, the high court had directed the insurer to deposit the entire awarded amount and ordered the release of 30 per cent to Kaur.