SC Reimagined Compensation in Functional Vs. Medical Disability
Judgment dated 4.9.2025 of the Supreme Court of India in Civil Appeal Nos.12098-12099 of 2024 of Anoop Maheshwari Vs. Oriental Insurance Company Ltd and others
Accident compensation – Medical Disability Vs Functional Disability – amputation of one leg and a portion of pelvic bone.
On 9.4.2017, the motor bike driven by the claimant with pillion rider was hit by the truck. The claimant had lost one leg. The negligence of the truck driver was proved. The medical certificate shows disability at 90% for hemipelvectomy i.e. amputation of one leg and portion of the pelvic bone on the same side.
The claim was running business and he has already been fitted with a prosthetic limb for mobility.
However, the Tribunal found the disability of 45% of the claimant as against 90% as per the disability certificate. The High Court found the disability at 50%.
HELD that the disability for compensation arising from motor accident is the functional disability reducing earning capacity and not strictly the medical disability. The order of the High Court holding the disability at 50% for computing loss of income relatable to the loss of earning capacity is correct. The disability assessed at 50% is the functional disability for compensation.
