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Motor Accident Compensation LawSupreme Court of India

Arun Kumar Jha v. Ranvir Singh & Anr.

Civil Appeal · 2018 INSC 1033Decided 1 Nov 2018
Civil Appeal No. 10880 of 2018
Justice Kurian Joseph · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

The appellant, a driver, suffered an injury resulting in amputation of his right leg below the upper one-third of the thigh. The Workmen's Compensation Commissioner had granted him only Rs. 3,87,187 with penalty, treating his disability as less than total, and the insurance company separately argued that a 2009 amendment favourable to claimants could not apply since the accident predated it.

Decision Breakdown

Relying on its earlier ruling in K. Janardhan v. United India Insurance Co. Ltd. (2008), the Court held that amputation of a driver's leg below one-third of the thigh amounts to 100% functional disability as a matter of settled law, so the Commissioner's lower assessment was wrong. It also rejected the insurer's argument on the 2009 amendment as being contrary to its own earlier decision in Kalema Tumba v. State of Maharashtra (1999). Weighing the facts, the Court awarded a further lump-sum compensation of Rs. 10 lakhs, directing the insurance company to pay it within three months, failing which 12% annual interest would run from the date of the accident. The appeal was accordingly disposed of.

Lesson Learnt

For a driver, the loss of a leg through amputation is treated in law as 100% functional disability for compensation purposes, regardless of how the injury is technically classified, and claimants should not be shortchanged by a narrow reading of disability percentages.

Arun Kumar Jha v. Ranvir Singh & Anr. – Legal Case Shots | LegalAware