VidhiSangh

Supreme Court of India · 10/12/2019

SRI CHANAPPA NAGAPPA MUCHALAGODA versus DIVISIONAL MANAGER, NEW INDIA INSURANCE COMPANY LIMITED

[2019] 14 S.C.R. 556 · 2019 INSC 1345

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Summary

The Court assessed a heavy-vehicle driver’s functional disability at one hundred percent despite a lower whole-body medical assessment, because his permanent leg injuries prevented further driving and other manual employment. Compensation was recalculated using the accepted monthly income and age factor, with an additional lump sum for hospitalization and medical expenses.

Issues

  1. Whether the driver’s loss of earning capacity should be assessed as total despite a lower physical-disability percentage.
  2. What enhanced compensation and medical expenses were payable.

Held

Result

Appeal allowed. Compensation was fixed at Rs.4,83,984 plus Rs.1 lakh for hospitalization and medical expenses. The insurer was directed to pay the enhanced amount within four weeks with 6% annual interest calculated from one month after the accident until payment. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 556.