Bombay High Court Upholds ₹62 Lakh Compensation For Shah Rukh Khan's Employee Who Died After Being Injured In Road Accident

The Bombay High Court on May 09 upheld the Rs 62 lakh compensation awarded by a Motor Accidents Claim Tribunal (MACT) to the family of an employee of Red Chillies Entertainment, owned by actor Shahrukh Khan, who was severely injured in a road accident on March 25, 2012 and died later. 

A division bench of Justices Girish Kulkarni and Advait Sethna upheld the award granted to the family of Charu Khandal, a character animator working with the Red Chillies Entertainment production house. 

"Perfect compensation is hardly possible, but fair compensation ought to be the norm. Each case has to be decided in light of its own facts and at the end, one must ask whether the sum awarded is a fair and reasonable sum. Adverting to these principles, we are of the view that in the given facts and circumstances, the least that can be done to serve the ends of justice is to uphold the grant of compensation of Rs.62,20,000/- to the family of the deceased who did not deserve the life that she went through after the accident leading to the final sacrifice of her life, as fate/destiny would want it to be," the bench said.

The judges emphasised that the Motor Vehicles (MV) Act was a "beneficial piece of legislation" and that courts cannot overlook the fundamental right guaranteed under Article 21 which would embrace the right to live a healthy life with dignity.

While noting the facts of the case, the bench recorded, "The case before us is rather heart-wrenching and a tragic saga of a young aspiring professional girl working as a character animator with a reputed media production house aged 28 years. At prime of her youth, she met with a fatal accident on 25 March 2012 in Mumbai and thereafter succumbed to serious cervical spinal cord injuries. She courageously faced the ordeal for about five years, and on 17 January 2017 she passed away."

The bench noted that post the accident, the deceased received treatment in the Kokilaben Dhirubhai Ambani Hospital and Medical Research Institute between March 25, 2012 to June 29, 2012. Even after which, the treatment continued for which her family spent over Rs 20 lakhs for the treatment. She continued to be paralysed post the accident and died on January 17, 2017, which is nearly five years after the incident. 

The insurance company - Cholamandalam MS General Insurance Co. Ltd. challenged the  November 27, 2020 order of the MACT, Mumbai particularly on the ground that Khandal did not die due to the accident but she died after nearly five years of the said accident. 

The judges, however, turned down the argument stating, "It would be extremely harsh, excessive and rather too pedantic an approach in such matters of life and death if we are to assess every single medical bill with mathematical accuracy which is not what the law would mandate. The MACT has correctly followed the well established legal principles and parameters in this regard."

The judges, therefore, dismissed the appeal filed by the insurance company stating that it found no reason to interfere in the finding arrived by the MACT, as it suffers from no irregularity or illegality warranting any interference.

Appearance:

Advocates Rajesh Kanojia and Deepika Prabhala appeared for the Insurance Company.

Case Title: Cholamandalam MS General Insurance Co. Ltd. vs Charu Ashok Khandal (First Appeal 154 of 2022)

Click Here To Read/Download Judgment