The anguish and suffering that a victim experiences after a major injury cannot be undone by money or other forms of material recompense, but the Supreme Court has stated that monetary compensation guarantees restoration.
Monetary compensation assures restitution: However no amount of money or other material compensation can erase trauma and suffering , a victim undergoes after a serious accident
Just compensation should be given to the party who was wronged, a court panel comprising Justices Krishna Murari and S. Ravindra Bhat said.
The bench stated that while “no amount of money or other material compensation can erase the trauma, pain and suffering that a victim undergoes after a serious accident, (or replace the loss of a loved one),” it is the way that society “assures some measure of restitution to those who survive, and the victims who have to face their lives.”
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The Supreme Court makes this observation while awarding a woman construction worker hurt while working on a hospital in Bidar, Karnataka, compensation of Rs. 9.30 lakh.
The centering plate collapsed on the appellant’s head on July 22, 2015, causing her to fall from the second floor to the ground floor.
The appellant suffered a compound fracture on several different body parts as well as a fracture of her spinal bone, according to the doctors who treated her, the top court said.
According to the supreme court, remuneration should ideally be given to workers to offset the risks associated with their jobs.
The bench stated, “This also covers any industrial disease or accident that the employee may meet arising out of or during the course of employment and which results in disability or death.”
“We are of the opinion that the impugned ruling granted by the High Court is not liable to be sustained because the appellant’s situation following the accident rendered her unable to perform her occupation as a labourer.
The bench stated, “The appellant’s functional disability is likely to be assessed as 100% and, therefore, the compensation is to be determined.”
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