HC upholds ₹62 lakh compensation to household of SRK’s manufacturing home worker

A bench of Justices Girish Kulkarni and Advait Sethna on Might 9 stated it didn’t discover any perversity, illegality or irregularity within the November 2020 order handed by a tribunal and refused to quash it.

It stated that the Motor Autos Act was a “helpful piece of laws”, and the court docket can’t overlook the elemental proper assured to a citizen underneath Article 21 involving the appropriate to reside a wholesome life with dignity.

Referring to a Supreme Courtroom judgment, the excessive court docket stated cash can’t substitute lack of life, however an effort should be made to grant compensation the place the cash might compensate for the damages incurred.

“Good compensation is hardly doable, however truthful compensation must be the norm,” the court docket noticed.

The court docket stated the least that could possibly be finished to serve the ends of justice was to uphold the grant of ₹62 lakh compensation to the household of Charu Khandal, an animator with Khan’s manufacturing home, Crimson Chillies Leisure.

The court docket, in its order, stated this was a “heart-wrenching and a tragic saga” of a younger aspiring skilled girl who didn’t deserve the life that she went by after the accident resulting in the ultimate sacrifice of her life.

Khandal, who labored on the VFX for Khan’s movie “Ra.One”, died in 2017, 5 years after she suffered paralysis following an accident involving a dashing automotive that rammed into an autorickshaw she was travelling in.

She had been paralysed neck-down after struggling cervical spinal twine accidents in an accident in suburban Oshiwara in March 2012.

Khandal was 28 years outdated when she met with the accident whereas coming back from a celebration to have fun her workforce successful an award for the film.

The bench dismissed the petition filed by Cholamandalam MS Basic Insurance coverage Co. Ltd, difficult the tribunal’s order.

Khandal’s household, after the accident, had filed a declare for compensation earlier than the Motor Accident Declare Tribunal in June 2014, and the tribunal awarded a compensation of ₹62 lakh in November 2020.

The insurance coverage firm, in its attraction to the excessive court docket, claimed there was no nexus between the demise of the lady and the accidents suffered by her within the accident and that she had died greater than 4 years after it.

The tribunal had erroneously assumed that the demise might have occurred as a result of quadriplegic situation of the lady, the corporate claimed.

The excessive court docket, nevertheless, refused to simply accept this competition and stated the reason for demise was septicaemia, which was as a result of traumatic quadriplegia.

The excessive court docket famous that Khandal’s household had incurred ₹18 lakh in medical payments.

The bench stated it didn’t discover any infirmity with the tribunal’s findings that all through 5 years, Khandal, who was paralysed, would have required an attendant and physiotherapy periods.

“It might be extraordinarily harsh, extreme and reasonably too pedantic an strategy in such issues of life and demise if we’re to evaluate each single medical invoice with mathematical accuracy, which isn’t what the regulation would mandate,” it said.

The bench stated the insurance coverage firm can’t take a hyper-technical view and wriggle out of the insurance coverage coverage to in the end deprive the sufferer’s household of what they legally deserve.

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