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Kanubhai Gokalbhai Bariya v. Jaydipsinh Gopalsinh Parekhiya

Civil Appeal · 2025 INSC 641Decided 7 May 2025
C.A. @ SLP(C) Diary No. 20941 of 2023
Justice Sudhanshu Dhulia · Justice K. Vinod Chandran

Background

The appellant, riding pillion on a motorbike, was seriously injured when a bus collided with the bike, killing the bike's driver and leading to amputation of the appellant's right leg below the knee along with a deformed right hand. He had been earning about Rs. 9,918 per month as a watchman, a job he could no longer continue. The Motor Accident Claims Tribunal apportioned 20% negligence to the bike driver and 80% to the bus driver, and awarded roughly Rs. 16.3 lakh in compensation; the High Court increased the award by applying a 40% "future prospects" enhancement to the income figure.

Decision Breakdown

The Supreme Court held that the High Court had misapplied the future-prospects addition, since the appellant's actual income loss (not a projected future income) was the relevant figure for permanent disability compensation, the calculation needed correction. Recomputing the heads of claim, the Court arrived at a total compensation of Rs. 28,79,112.72, factoring in loss of income (with the correctly applied 40% enhancement), attendant charges and special diet for six months, medical bills, and an increased amount for pain and suffering. The amount was apportioned between the bike and bus insurers in the same 20:80 ratio, payable within two months with 9% annual interest, after adjusting for sums already paid.

Lesson Learnt

Motor accident compensation for permanent disability must follow the settled formulas precisely, including how "future prospects" enhancements interact with actual proven income, and victims are entitled to a fair, itemized award covering pain, suffering, and ongoing care costs, not just lost wages.

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

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