VidhiSangh

Supreme Court of India · 06/03/2018

JAGDISH versus MOHAN & ORS.

[2018] 3 S.C.R. 20 · 2018 INSC 211

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Summary

The Supreme Court enhanced a young carpenter’s accident compensation to Rs.25,38,308. Loss of effective use of both hands left him wholly unable to earn through manual work, warranting 100% functional disability rather than 90%. His claimed Rs.6,000 monthly earnings were accepted as realistic despite absence of documentary proof, and 40% future prospects were added under Pranay Sethi. The award also covered pain, amenities and future medical needs, with 9% annual interest from the claim-petition date.

Issues

  1. Whether the carpenter’s loss of use of both hands constituted total functional disability.
  2. Whether realistic self-employed income and future prospects should be included.
  3. What compensation heads, interest and payment directions were appropriate.

Held

Result

Appeal allowed without costs. Total compensation fixed at Rs.25,38,308 with 9% annual interest from the claim-petition date, payable jointly and severally by insurer, owner and driver. Deposit before the Tribunal within six weeks and release upon proper identification.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 20.