Occupation Must Be Considered To Assess Functional Disability: Karnataka High Court Enhances Compensation For Vendor Who Lost Limb In Accident

The Karnataka High Court recently came to the aid of a vegetable vendor and increased the compensation amount awarded to him by the Motor Accidents Claim Tribunal from Rs 5, 98,300 to Rs 11,40,795.Justice Dr Chillakur Sumalatha said, “For a vegetable vendor, it will be highly difficult to continue his occupation and earn in the light of loss of one of the lower limbs. For assessing the functional disability, the occupation of the claimant and the nature of duties which he is supposed to attend on a daily basis is required to be considered.” The appellant had filed a claim petition before the tribunal on the ground that he sustained injuries in a road traffic accident and the injury sustained to the left leg resulted in a below-knee amputation. Thus, he had claimed compensation of Rs 50,00,000. However, the tribunal, through the impugned award granted a sum of Rs 5,98,300, as compensation.The appellant argued that he is a vegetable vendor and was earning Rs 2000 per day. However, due to the amputation of his left leg he became totally and permanently disabled. Without considering the occupation and earnings of the appellant the tribunal took the notional income as ₹15,000 per month and awarded a meager sum as compensation. The tribunal did not award a justifiable sum under any heads. It failed in not awarding compensation under the head loss of earnings during the laid up period.The bench on going through the records said “It is not in dispute that there was below knee amputation of left leg due to the injury sustained in the road traffic accident. PW-2 assessed the disability as 70% in respect of the left lower limb. The tribunal took the disability in respect of the whole body as 25%.” Elaborating on the work that is to be done by a vegetable vendor on a daily basis, the bench said, “It would be highly difficult for such a person to work with only one lower limb functioning. Therefore, this Court considers it desirable to take the functional disability of the appellant in respect of the whole body as 40%.” Following which it said “Having considered the fact that the appellant was left with loss of one of the lower limbs due to the accident, this Court is of the view that the appellant would have taken considerable time to get the wound healed, to get trained to walk with only one lower limb, thereafter to attend his normal pursuits and to proceed with his occupation. Considering these facts this Court is of view that the appellant would not have attended his normal pursuits and started his occupation at least for a period of 8 months. Thus, loss of earnings during the laid up period comes to ₹1,24,000/- (15,500 x 8).” Allowing the appeal in part, the bench said, “Appellant is entitled to a sum of ₹11,40,795/- as compensation. The tribunal through the impugned order awarded a sum of ₹5,98,300 only.” It directed the insurance company to deposit the enhanced sum within a period of 8 weeks. Appearance: Advocate Gurudev Prasad K T for AppellantAdvocate Nagaraja K for Respondent. Citation No: 2025 LiveLaw (Kar) 341Case Title: Muniyappa AND The Managing DirectorCase No: MISCELLANEOUS FIRST APPEAL NO. 4426 OF 2024Click Here To Read/Download Order

Occupation Must Be Considered To Assess Functional Disability: Karnataka High Court Enhances Compensation For Vendor Who Lost Limb In Accident

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