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Supreme Court of India 2020-02-05

KAJAL vs JAGDISH CHAND

Bench: 2 — L. Nageswara Rao, Deepak Gupta

In Brief

Kajal, a 12-year-old girl, suffered catastrophic brain injury and 100% disability after a truck hit the tractor she was travelling in with her parents. Medical assessment confirmed her mental age would remain that of a 9-month-old child while her body matured. The Supreme Court enhanced the compensation awarded by the High Court to Rs. 62,27,000, holding that courts must award just compensation liberally in catastrophic injury cases. The award covered medical expenses, realistic loss of earnings, lifelong attendant charges, pain and suffering, loss of marriage prospects, and future medical treatment. The Court directed the amount be invested in fixed deposits in nationalised banks with interest released quarterly for the child's care, affirming guidelines to protect minors from frittering away compensation.

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Motor Vehicles Act Personal Injury Compensation Disability Guardian/Minor

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