• Source:JND
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The Supreme Court ruled on Wednesday that marriage or companionship is an essential aspect of a person's natural life and increased the compensation for a woman who suffered a vehicle accident and had a 75 percent intellectual disability.

The woman, who was seven years old at the time of the June 2009 accident, has a mild intellectual disability, according to the medical certificate, a bench of Justices B R Gavai and K V Viswanathan said.

"Effectively, while her body grows, she will remain a small baby," it said.

The apex court further said, "The appellant (woman), therefore, has not only lost her childhood but also her adult life. Marriage/companionship is an integral part of the natural life of a human being."

The bench noted that even though the woman was able to conceive, it would be extremely difficult for her to raise the children and take delight in the basic joys of marriage and companionship.

Thus, the compensation was increased to Rs 50.87 lakh by the bench.
In her appeal against the Delhi High Court's November 2017 ruling that granted her Rs 11.51 lakh in compensation, the top court rendered its decision.

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According to the bench, despite her advanced age, the woman would continue to be mentally a child in class 2 and would be dependent on someone else for the remainder of her life. The appellant and her family were walking home in June 2009 when she was struck by a speeding car as they crossed the street, according to the Supreme Court.

It stated that a Motor Accident Claims Tribunal had received a claim petition for compensation under the Motor Vehicles Act of 1988, and that the tribunal had granted Rs 5.90 lakh in compensation.

In order to increase the amount of compensation granted for the accident-related injuries, the appellant then petitioned the high court. After the high court raised her compensation to Rs 11.51 lakh, she petitioned the supreme court because she was disappointed by the meager increase.

The woman's lawyer told the bench that the woman had a 75% moderate intellectual impairment based on the doctor's evidence.