The Supreme Court raised the compensation for a carpenter in Uttarakhand who lost his right leg in a road accident. The court emphasized the importance of assessing the real impact of injuries on victims’ livelihoods. The compensation was increased from Rs 11.51 lakh to Rs 35.95 lakh due to the victim’s inability to continue working as a carpenter.
The court highlighted the distinction between medical disability and functional disability in determining compensation. Despite a 70% permanent disability assessment, the victim’s functional disability for earning a livelihood was considered 100%. The court stressed the need to evaluate the victim’s occupation and work-related limitations accurately.
The accident occurred in 2004, resulting in the amputation of the victim’s right leg above the knee. The court recognized the victim’s skilled profession as a carpenter, which requires manual dexterity and physical mobility. It revised the claimant’s monthly income assessment from Rs 5,000 to Rs 9,000, acknowledging the earning potential of a skilled worker.
Referring to previous cases, the court reiterated the importance of assessing compensation based on the actual impact of injuries on earning capacity. It emphasized the loss of earning capacity due to the victim’s inability to perform carpentry work. The court recalculated compensation, considering the victim’s 100% functional disability and future prospects.
