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
- Whether the carpenter’s loss of use of both hands constituted total functional disability.
- Whether realistic self-employed income and future prospects should be included.
- What compensation heads, interest and payment directions were appropriate.
Held
- Compensation for disabling injuries must address treatment, pain and trauma, lost earnings, inability to lead a normal life and loss of amenities, with future medical needs where justified. It is an entitlement intended to provide realistic recompense and preserve dignity, rather than a token payment. (¶¶ 8, 11)
- The self-employed skilled carpenter’s claim of Rs.6,000 monthly earnings was reasonable for the accident date and could not be discarded merely because documentary proof was absent. Applying Pranay Sethi to this claimant below forty, 40%, or Rs.2,400 monthly, was added for future prospects. (¶¶ 5, 9, 10)
- Loss of effective use of both hands wholly deprived this manual worker of earning capacity and required assistance even for basic personal needs. Functional disability was total despite the 90% assessment below. With multiplier 18, loss of income including future prospects was Rs.18,14,400. (¶¶ 3, 7, 11)
- The operative computation added Rs.2 lakh for pain, suffering and amenities and Rs.3 lakh for future medical expenses while retaining the stated medical, nourishment and attendant allowances. Total compensation was Rs.25,38,308 with 9% annual interest from the filing of the claim petition. Joint and several liability of insurer, owner and driver was affirmed; deposit was required within six weeks and release upon identification. (¶¶ 11, 12)
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.