Calcutta High Court Enhances Amputee Accident Victim's Compensation, Says Loss Of Amenities & Future Medical Costs Must Be Considered

The Calcutta High Court has enhanced compensation to ₹6 lakh for a road accident victim who lost his right leg above the knee, holding that assessment of damages in motor accident claims cannot be confined to mere loss of employment and must account for lifelong disability, pain, future medical expenses, and loss of amenities.

Justice Biswaroop Chowdhury observed that “damages do not only mean pecuniary damage but also loss of amenity and disruption of normal functioning,” stressing that the right to move and work freely with a healthy body is a basic human right. The Court said a “narrow pedantic view” that denies enhanced compensation simply because the claimant retained his job would defeat the object of the Motor Vehicles Act.

The appellant had suffered grievous injuries in 2009 when a speeding truck veered off the road and hit him while he was standing by the roadside. His right leg had to be amputated above the knee. A Medical Board assessed his permanent disability at 85%. The Motor Accident Claims Tribunal had awarded ₹3.55 lakh with interest, which the claimant challenged as grossly inadequate, arguing that future costs of artificial limbs, medical treatment, mobility difficulties and pain and suffering were ignored.

Rejecting the insurer's contention that no enhancement was warranted since the claimant continued in service, the Court held that permanent disability affects not only earnings but also efficiency, comfort, reputation at the workplace, and quality of life. It noted that recurring expenses for prosthetic limbs and future medical needs are inevitable in such cases and must be factored into compensation.

Holding ₹6 lakh to be “just and reasonable,” the Court modified the award and directed the insurer, Reliance General Insurance Company Limited, to deposit the enhanced compensation with 6% interest from the date of filing of the claim petition.

Case: Sudip Ranjan Dey VERSUS The Manager, Reliance General Insurance CO. LTD. & ANR.

Case No: F.M.A. 1318 of 2016

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