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Shibeet Prassana vs. Jagroop & Ors.

Motor Accident Claims Appeal · 2026:DHC:7430Decided 2 Sept 2026New Delhi Bench
MAC.APP. 1023/2013CNR: DLHC011610612013
Justice Anish Dayal

Background

The appellant, a professional flautist from a well-known musical family (the Prasanna Gharana of Banaras), suffered a cervical spine fracture and wrist/finger injuries in a road accident when the auto-rickshaw he was travelling in was hit by a truck. His permanent disability was later reassessed at 32% affecting his spine and left hand: a serious blow to a career built on precise finger and hand control for playing the flute.

Decision Breakdown

Applying the Supreme Court's "triple test" from Raj Kumar v. Ajay Kumar, the Court held that a musician's functional (income-earning) disability from a hand/finger injury can be assessed much higher than the raw physical disability percentage, but here, since the appellant was young (20) and could still pursue other livelihoods, it assessed functional disability at 50% (not 100%). It significantly increased his income assessment, applied an 18-year multiplier with 40% future prospects, and substantially raised compensation for pain, suffering, and loss of life's amenities, more than tripling the enhanced award to about Rs. 27 lakh above the original.

Lesson Learnt

For specialised professions requiring fine physical skill (like playing a musical instrument), courts must look beyond the raw medical disability percentage to how it actually affects that person's specific ability to earn a livelihood.

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