The main reason is, an injured and handicapped person needs life long support which is more costly. Sometimes he needs to be helped by one permanent care taker or attendant. The judgement takes into consideration ground realities of life.
Supreme Court made following observation,
" At the same time we often find that a person injured in an accident leaves his family in greater distress vis- a-vis a family in a case of death. In the later case, the initial shock gives way to a feeling of resignation and acceptance, and in time, compels the family to move on.
The cae of an injured and disabled person is, however, more pitiable and the feeling of hurt, helplessness, dispair and often destitution enures everyday.
The support that is needed by a severally handicapped person comes at an enormous price, physical, financial and emotional, not only on the victim but even more so on his family and attendants and the stress saps their energy and destroys their equanimity."
Vide Case of Nizam's Institute of Medical Science (2009) and Sanjay Batham's Case (2011)
Haresh Raichura
