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Motor Accident Compensation LawSupreme Court of India

Basappa v. T. Ramesh

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9393 of 2014)Decided 10 Oct 2014
Civil Appeal No. 9393 of 2014
Justice J. Chelameswar · Justice A.K. Sikri

Background

A construction worker suffered serious head and other injuries when a negligently driven bus struck his motorcycle. Medical evidence assessed permanent disability at 58% of his whole body, with continuing weakness and difficulty standing, walking and doing heavy work. He challenged the compensation awarded by the tribunal and enhanced by the High Court as still inadequate.

Decision Breakdown

The Supreme Court allowed the appeal and raised total compensation to Rs. 6,72,000. It assessed loss of earning capacity at 85%, because his construction work demanded physical fitness that the injuries had substantially impaired. A medical disability percentage was not automatically the same as economic loss; the claimant's actual occupation mattered. The award included increased future-income and pain-and-suffering compensation, 9% annual interest from the claim petition until payment, and Rs. 25,000 in costs. Those percentages and amounts reflected this worker's evidence and circumstances.

Lesson Learnt

For an injury claim, explain how the disability affects the tasks needed for your livelihood. The same medical impairment may produce very different earning losses for a manual worker and someone whose work is less physically demanding.

Basappa v. T. Ramesh – Legal Case Shots | LegalAware