VidhiSangh

Supreme Court of India · 27/10/2021

JITHENDRAN versus THE NEW INDIA ASSURANCE CO. LTD. & ANR

[2021] 10 S.C.R. 147 · 2021 INSC 681

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Summary

The Court enhanced compensation for a young accident victim whose certified 69% permanent disability had entirely destroyed his earning capacity. Economic loss required assessment of actual functional consequences rather than mechanical adoption of the medical percentage. The award also had to account realistically for attendant care, recurring treatment and lost earnings during hospitalisation. The four revised heads totalled Rs.27,67,800, payable within six weeks after adjustment of amounts already paid under those heads.

Issues

  1. Whether the certified physical-disability percentage adequately measured the claimant’s loss of earning capacity.
  2. Whether attendant expenses, future treatment and earnings lost during hospitalisation required enhancement.

Held

Result

Appeal allowed and High Court award modified. Insurer directed to pay the quantified Rs.27,67,800 under the four revised heads within six weeks, adjusting prior payments under those heads. Parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 147.