Nearly 19 years after a tragic accident in Bengaluru left a man permanently paralysed, the Supreme Court has stepped in to ensure he receives meaningful compensation, observing that a victim of life-altering injuries cannot be left “in the lurch” without financial support.
A Bench comprising Justices Sanjay Karol and N K Singh enhanced the compensation awarded to K K Umesh Kumar from Rs 17.1 lakh to Rs 25 lakh, along with interest, invoking its extraordinary powers under Article 142 of the Constitution to deliver complete justice.
Accident changed life forever
The case dates back to June 2007 when Kumar was travelling in an autorickshaw near Chinnaswamy Stadium in Bengaluru. During heavy rain, the vehicle stopped beneath a roadside tree for shelter.
A large branch suddenly broke off and fell onto the autorickshaw, causing severe spinal injuries. The accident left Kumar with total paraplegia and permanent loss of bladder control.
Court prioritises justice over technicalities
While examining the matter, the Supreme Court held that such incidents may not strictly fall under compensation claims filed under Section 166 of the Motor Vehicles Act, as the vehicle itself was not the direct cause of the accident.
However, the court stressed that justice should not be delayed through fresh rounds of litigation.
Observing that Kumar had suffered for nearly two decades, the Bench said leaving him without adequate financial support would not align with the principles of justice and humanity.
Authorities share liability
The Karnataka High Court had earlier directed the BBMP, Karnataka Horticulture Department and the autorickshaw’s insurer to share liability for compensation.
The Supreme Court upheld the liability distribution while increasing the compensation amount and directed all concerned parties to disburse the money within four weeks.
The judgment also highlighted the responsibility of civic authorities to maintain roadside trees while balancing the need to preserve urban green cover.