Court awards over ₹27 lakh compensation to man injured in 2019 road accident

Court awards over ₹27 lakh compensation to man injured in 2019 road accident

New Delhi, Underlining that medically determined permanent disability cannot be mechanically applied to find the loss of earning capacity because of functional disability, a motor accident claims tribunal here has awarded ₹27.07 lakh as compensation to a man injured in a 2019 road accident.

Court awards over ₹27 lakh compensation to man injured in 2019 road accident

Presiding Officer Shelly Arora noted the claimant or injured Prahalad Rai's statement, according to which he was riding his two-wheeler from Kalindi Kunj to Madanpur Khadar when a rashly driven truck rammed into his vehicle on July 9, 2019.

In an order dated June 4, the tribunal said it was established that the accident occurred "on account of the speedy and rash driving" by its driver named Shankar Yadav.

It noted that according to Rai, he suffered a grade-III fracture of both bones of his left leg and underwent surgeries, and prolonged medical treatment, which rendered him 63 per cent permanently disabled, leading to substantial loss of income because of an adverse impact on his earning capacity.

The court said, according to the precedents established by the Supreme Court and high courts, medically determined permanent disability cannot be equated with loss of earning capacity because of functional disability, as it would result in a non-objective and absurd compensation.

It said, "There, however, might be certain cases where the two would correspond to each other, but it cannot be mechanically applied; rather, it requires evaluation of applicable factors independently in each case to reach a fair quantification of loss of earning capacity."

The court noted that the claimant, who was employed as a delivery boy, endured substantial disability, including deformity in the left lower limb.

"This impairment significantly restricts mobility, a critical requirement for his prior employment, which heavily relied on driving and physical activity. The nature of his injury directly impacts his ability to perform essential job functions, particularly those involving extensive fieldwork and continuous driving, which are indispensable for a delivery boy," the court said.

It said that the "psychological and emotional consequences" of the injury further diminished Rai’s capacity to adapt to alternative employment, which compounded the overall effect on his earning ability.

"Given the substantial impact on his ability to undertake field-oriented work, his functional disability is assessed as 50 per cent concerning his earning capacity," the court said.

It computed a total compensation of around ₹27.07 lakh, payable to Rai under various pecuniary and non-pecuniary losses.

The court directed the insurer, United India Insurance Company Ltd, to pay the entire compensation along with interest.

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