Can Lifelong Dependence Qualify As 100 Per Cent Functional Disability? Supreme Court Explains

The Supreme Court has clarified that a motor accident victim who needs another person's assistance throughout life may be considered 100 per cent functionally disabled, even when doctors assess the medical disability at a lower percentage.

The Court increased the compensation payable to one victim from Rs 36.22 lakh to Rs 77.84 lakh and raised the amount awarded to the other claimant as well.

Medical Disability And Functional Disability

The case arose from a road accident on October 22, 2016, near the Paliyekkara toll plaza on the Thrissur-Kodara public road in Kerala.

One of the victims, Sunil Kumar, was travelling as a pillion rider when the accident occurred. He suffered severe head injuries that caused lasting consequences for his daily life and ability to earn a living.

A Medical Board assessed his permanent medical disability at 75.5 per cent. However, the Supreme Court noted that his condition required lifelong assistance from an attendant and a bystander.

The apex court has explained that the percentage of medical disability alone cannot determine the compensation payable to an accident victim. The assessment must also consider how the injuries impact the person's ability to perform daily activities and earn a livelihood.

A person with a medical disability below 100 per cent may therefore qualify for 100 per cent functional disability if the consequences of the injuries prevent them from working and create a lifelong need for assistance.

Compensation Raised To Rs 77.84 Lakh

After assessing the impact of Kumar's injuries, the Supreme Court treated his functional disability as 100 per cent. It awarded Rs 31.50 lakh towards permanent disability and loss of earning capacity. The compensation for attendant charges was also fixed at Rs 25.20 lakh, taking into account his lifelong need for care.

His total compensation was determined at Rs 77,84,394. Interest at 6.5 per cent per annum will apply to the additional compensation from the date the claim petition was filed until payment.

The insurance company must deposit the additional compensation, along with interest, before the concerned Motor Accident Claims Tribunal within six weeks.

Compensation Also Raised For Another Victim

In the connected case, the Court considered the claim of another accident victim, Sreejith K.S. His medical disability had been assessed at 62 per cent. The Supreme Court fixed his functional disability at 80 per cent after considering the impact of his injuries. His total compensation was raised to Rs 69,60,880.

The judgement has clarified the importance of examining how injuries affect a person's working capacity and everyday life when calculating compensation in motor accident claims.