The Bombay High Court has increased the compensation for a 33-year-old road accident victim, Atul Dattaray Wadhane, who was left in a vegetative state after a school bus collided with his motorcycle in 2016. The court ordered the United India Insurance Company Ltd to pay an additional ₹40.35 lakh in damages to cover the victim’s lifelong need for medical care, physiotherapy, and a personal attendant. Wadhane was 25 years old when the accident occurred and was traveling to Borivali on his motorcycle. The bus driver, Sabastian Panthikulangara, took a sharp turn without using his indicator, causing the bus to dash against Wadhane’s vehicle, resulting in a cervical spine fracture and spinal cord rupture.
The Motor Accident! Claims Tribunal (MACT) initially awarded Wadhane a compensation of ₹1,11,64,740, which was challenged by both the insurance company and Wadhane in the Bombay High Court. The insurance company sought a reduction in compensation, while Wadhane sought an enhancement of the award. During the hearing, doctors from the Balaji Hospital in Bhayander testified that Wadhane was suffering from 70% permanent partial disability and required continuous physiotherapy, neurorehabilitation, and medication.
The high court observed that Wadhane’s condition was tragic, and his pain and suffering could not be quantified merely in monetary terms. The court noted that Wadhane was in a vegetative state, entirely immobile, and dependent on others for every basic function. Considering the increasing cost of living due to inflation, the court decided that denying interest on the awarded amount for future medical expenses would be unjust.
The single-judge bench of justice Shivkumar Dige calculated the appropriate compensation for Wadhane and decided that he was entitled to an enhanced compensation of ₹1,52,00,100, which is an additional ₹40,35,360 to the original compensation. The court concluded that Wadhane was entitled to this amount, considering his lifelong need for medical care and support. The ruling highlights the importance of providing adequate compensation to victims of road accidents, particularly those who suffer catastrophic injuries that require lifelong care and support.