Gujarat HC awards ₹3 lakh for 'loss of matrimonial prospects' to 19-year-old who lost her leg in 2011 accident

Gujarat High Court has enhanced the compensation awarded to a woman who suffered amputation of her left leg below the knee after falling from an Ahmedabad Municipal Transport Service (AMTS) bus in 2011, directing an additional compensation of ₹7.15 lakh to be paid to her.

Observing that the victim was an unmarried 19-year-old at the time of the accident, the court awarded ₹3 lakh specifically for loss of marriage prospects caused by the disability. The Tribunal has erred in not awarding any compensation towards loss of matrimonial prospects. Considering the same, the claimant-victim is entitled to ₹3 lakh under the head of loss of matrimonial prospects,” the court said.

The court emphasised that tribunals must adopt a “sensitive and empathetic approach” while deciding motor accident claims, as victims and their families undergo immense physical and emotional trauma. The court substantially enhanced compensation under several other heads:

Pain, shock and suffering: from ₹25,000 to ₹2 lakh

Attendant charges, special diet and transportation: from ₹10,000 to ₹50,000 

Loss of amenities and enjoyment of life: significantly increased 

Future medical expenses: enhanced, noting the victim will need to replace her prosthetic limb every 3–5 years

The incident occurred on January 5, 2011, when the then 19-year-old woman alighted from an AMTS bus near Malav Talav in Ahmedabad. The driver allegedly started the bus rashly and negligently, causing her to fall. The front wheel ran over her left leg, resulting in below-knee amputation. An FIR was registered against the driver at Vejalpur police station.

With the high court’s enhancements, the total additional compensation amounts to ₹7.15 lakh, which the bus driver, owner, and the insurance company have been directed to pay jointly within four weeks.

Earlier on December 12, 2019 the Motor Accident Claim Tribunal had directed to pay compensation of ₹11.96 lakh including ₹7.56 lakh under loss of future income and ₹4.41 lakh under various heads including medical expense, pain shock and suffering, loss of amenities and life enjoyment etc.