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Anoop Maheshwari vs Oriental Insurance Company Ltd. & Ors.

Not available · 2025 INSC 1076Decided 4 Sept 2025
Not available
Justice K. Vinod Chandran · Justice N.V. Anjaria

Background

The claimant was severely injured in a 2007 motorbike accident caused by a rashly driven truck, resulting in amputation of one leg at the hip. The Claims Tribunal assessed his disability at 45% and his monthly income at a reduced Rs. 4,500 (disbelieving his income tax returns), awarding about Rs. 13.2 lakh; the High Court raised the disability to 50%, the income to Rs. 8,000/month with future-prospects addition, and the medical expenses, taking the total to about Rs. 23 lakh. The claimant appealed for further enhancement.

Decision Breakdown

The Supreme Court accepted the disability assessment of 50% as reasonable given the claimant's fitted prosthetic limb and continuing business activity, and accepted his genuine income tax returns (Rs. 1,91,000 for the relevant year) instead of the Tribunal's speculative reduction. It removed the High Court's 40% future-prospects addition since the claimant could continue his business despite the disability, but restored the full medical expense claim (Rs. 12,54,985 backed by vouchers), attendant expenses, and prosthetic-limb costs that the High Court had wrongly left out, and added a lump sum of Rs. 10 lakh for future prosthetic maintenance. The total compensation was enhanced to Rs. 48,44,790 with 6% interest, payable within three months.

Lesson Learnt

Genuine income tax returns should not be discarded by courts on mere suspicion, and once medical bills are properly vouched, they must be reimbursed in full; compensation for disability must reflect actual loss of earning capacity, not just the raw medical disability percentage.

Official source (sci.gov.in)View Judgment (PDF)

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