Tuesday, August 6, 2013
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SC upholds Accident ends career, actress to get over 1cr compensation
Should I file appeal in high court for reasonable compensation for my beloved late father who was given peanuts by accident court. ......
SC upholds Accident ends career, actress to get over 1cr compensation
Dhananjay Mahapatra TNN
New Delhi: After winning a beauty contest and acting in a few feature films, Rekha Jain was aiming for a successful career as an actress, but a car accident left her shattered. She developed permanent scars on her face, cutting short her career in films and her mother, too, died in the accident.
A medical Board certified that she suffered 30% physical disability and a Sambalpur Motor Accident Claims Tribunal ordered Rs 23.5 lakh compensation — payable by the insurer of the truck that caused the accident on August 17, 2001. The HC reduced the compensation to Rs 14 lakh on the ground that she suffered only 30% disability.
But an SC bench appreciated her argument — that though the physical disability was just 30%, the accident disfigured her face and figure rendering her unfit to be an actress and depriving her of the earning that she was set to make.
Factoring in the loss of career, the bench enhanced the compensation to Rs 79.65 lakh with 6% interest from 2002 — when she filed the claim before the Tribunal. With simple interest for 10 years, the amount works out to Rs 1.27 crore. For her mother’s death in the accident, the apex court awarded Rs 10.62 lakh with 6% interest.
“For a film actress, the physical appearance particularly the facial features are very important to act in the films and in TV serials. It is in her evidence that on account of the accident her face was disfigured, she has put on weight and has become fat and therefore she is unable to perform the role as an actress in films in future,” the bench observed.
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