VidhiSangh

Supreme Court of India · 06/03/2018

S. THANGARAJ versus NATIONAL INSURANCE CO. LTD. REP. BY THE BRANCH MANAGER

[2018] 3 S.C.R. 12 · 2018 INSC 208

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court enhanced compensation for a loadman who lost sensation and movement in both legs after a motor accident. Although the medical assessment recorded 70% disability, his inability to perform his occupation amounted to complete functional disability. The deduction made from loss-of-income compensation was restored, rounded to Rs.3 lakh. Interest was fixed at 9% per annum on the total compensation from the claim-petition date, with the differential amount payable within eight weeks.

Issues

  1. Whether 70% medical disability adequately represented a loadman’s complete occupational incapacity.
  2. Whether counsel’s statement about just compensation barred a challenge to its adequacy.
  3. What enhancement and interest were appropriate.

Held

Result

Appeal allowed. Compensation enhanced by Rs.3 lakh above the Tribunal’s Rs.11,27,359 award, with 9% annual interest on the total from the claim-petition date. Differential payable within eight weeks; no costs.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 12.