Supreme Court Enhances Compensation for Motor Accident Victim with Functional Disability Assessment.


04-September-2025 Civil Appeals >> Civil & Consumer Law   |   Motor Accident >> Family Law  

A claim appeal under motor accident was made by the injured claimant for the purpose of increasing compensation in the matter of Anoop Maheshwari Vs Oriental Insurance Company Ltd. & Others. The accident on 09.04.2007 occurred when a truck met with a motorbike of the claimant, leaving the claimant with major injuries and the amputation of one leg. The truck driver's liability was established with valid insurance coverage. Quantum of compensation was the bone of contention.

The Tribunal had evaluated functional disability at 45% (discarding the medical certificate of 90%) and set monthly income at Rs.4,500, giving a total of Rs.13.23 lakh. The High Court increased disability to 50%, evaluated income at Rs.8,000 plus 40% of prospects for the future, set higher medical expenditures, and gave Rs.23.09 lakh.


 

 

On appeal to the Supreme Court, the claimant sought 90% disability, increased income from income tax returns, future medical costs for replacement prosthetic limbs, and reimbursement for full medical expenses. The insurer was against further augmentation.

Disability was held to be evaluated on a functional disability applicable to earning capacity and 50% was upheld. It accepted the income tax returns of the claimant, quantifying annual income at Rs.1,91,000 (after deduction of tax) with multiplier 18. It rejected the addition of 40% future prospects with the observation that the claimant may carry on business with the prosthetic limb. It granted the entire verified medical expenses of Rs.12.54 lakh, reimbursed amounts for attendant charges and cost of prosthetic leg, and granted an additional amount of Rs.10 lakh for future medical requirements.

Therefore, the compensation was raised substantially, and the insurer was instructed to pay at 6% interest within three months.