The Supreme Court has increased the compensation for a Tamil Nadu mason who lost his right leg in a road accident. Justices Prashant Kumar Mishra and N.V. Anjaria raised the compensation from Rs 29.01 lakh to Rs 40.29 lakh. The court emphasized assessing “functional disability” rather than just the percentage of physical disability in motor accident claims.
The court noted that although the claimant’s permanent physical disability was 70%, his functional disability for earning a livelihood was 100%. The amputation of his right leg above the knee made him incapable of continuing his profession as a mason. The accident occurred on the Namakkal–Salem National Highway in Tamil Nadu in 2017, causing severe injuries to his head, jaw, eye, and right leg.
The claimant, a mason in his 30s, sought compensation of Rs 25 lakh from the Motor Accident Claims Tribunal. Initially awarded Rs 10.84 lakh, the compensation was later increased to Rs 23.86 lakh by the Madras High Court. The Supreme Court found errors in the High Court’s calculations and enhanced the compensation to Rs 40.29 lakh.
Referring to an earlier decision, the court emphasized that compensation should not be solely based on physical disability percentage. The claimant’s functional disability was assessed at 100% due to the nature of his physically demanding profession as a mason. The court also increased compensation for future medical expenses, including artificial limb replacement and rehabilitation.
The recalculated compensation, considering 100% functional disability, a monthly income of Rs 12,000, 40% towards future prospects, and a multiplier of 17, amounted to Rs 40.29 lakh. The insurance company was directed to deposit the enhanced compensation before the Motor Accident Claims Tribunal within six weeks, with interest as per the Madras High Court’s rate.
