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While awarding compensation in cases of permanent disability caused to claimants, the courts must consider the socio-economic background of the claimants

 

Hearing to the case of Motor vehicle accident compensation for permanent disability, where a scrap dealer was rashly driving the bus met with an accident and passengers received grave injuries. The Supreme Court held that it is almost universally seen that persons from marginalized backgrounds often face an additional layer of discrimination due to bodily disabilities. 

This is because persons from marginalized sections of the society already face severe discrimination due to a lack of social capital and a new disability more often than not compounds to such discrimination.

While no material compensation can completely negate the trauma and suffering that the injured and his family faces, the law only knows the language of monetary compensation in such cases. 

In this context, the view of the aforesaid facts and circumstances, the impugned judgment is liable to be modified as above and the claimant/appellant is held entitled to be awarded compensation to the tune of Rs. 38,70,120/- along with 9% interest per annum from the date of making the application. Therefore, the appeals stand allowed in such cases. 


 

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(With input from news agency language)

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