Motor Accident Claims | Victim Requiring Lifelong Attendant Can Be Considered 100% Functionally Disabled : Supreme Court
The Supreme Court has held that a person who remains dependent on another and requires an attendant throughout life can be considered to be suffering from 100% functional disability, even if the Medical Board certifies a lower percentage of medical disability.
“Even though the Medical Board certified the medical disability to be 75.5%, the functional effect can be said to be debilitating for the appellant to the extent of 100%. One who remains dependent on another and requires an attendant throughout his life can be said to be suffering from 100% functional disability,” the Court observed.
A bench of Justice SVN Bhatti and Justice NV Anjaria made the observation while enhancing the compensation payable to a motor accident victim, Sunil Kumar, from ₹36.22 lakh to ₹77.84 lakh.
The Court was considering appeals filed by two accident victims who were dissatisfied with the compensation awarded by the Kerala High Court. The accident occurred on October 22, 2016, near the Paliyekkara toll plaza on the Thrissur-Kodara public road in Kerala.
Sunil Kumar, who was travelling as a pillion rider, suffered severe head injuries, including diffuse axonal injury and midbrain contusion. The Medical Board assessed his permanent medical disability at 75.5%.
However, the Supreme Court noted that the nature of his injuries had grave consequences for his earning capacity and that he would require an attendant and a bystander throughout his life.
The Court explained that permanent disability must be assessed not merely by reference to the medical percentage certified by doctors but also by considering the functional impact of the injuries on the claimant's life and ability to earn.
Referring to its earlier decisions, including Shankar Dutt v. United India Insurance Co. Ltd. and Jithendran v. New India Assurance Co. Ltd., the Court reiterated the distinction between medical disability and functional disability.
Applying these principles, the Court assessed Sunil Kumar's functional disability at 100% and awarded ₹31.50 lakh towards permanent disability and loss of earning capacity. It also enhanced compensation towards attendant charges to ₹25.20 lakh, applying the multiplier method to account for his lifelong dependence.
The Court ultimately fixed his total compensation at ₹77,84,394, with interest at 6.5% per annum on the additional amount from the date of filing the claim petition until realisation.
In the connected appeal, the Court assessed the functional disability of another accident victim, Sreejith K.S., at 80%, against the Medical Board's assessment of 62%, and enhanced his total compensation to ₹69,60,880.
The insurance company was directed to deposit the additional compensation payable to both claimants, along with interest, before the concerned Motor Accident Claims Tribunal within six weeks.
Case: Sunil Kumar (Totally Disabled Represented by Wife) v. IFFCO Tokio General Insurance Company Ltd. and connected matter