New Delhi: The Supreme Court held that a permanent disability to move around freely due to injuries suffered in a motor accident is a valid ground for award of enhanced compensation.
The court observed this while awarding a compensation of Rs 19,93,227 to a chartered accountant who sustained fracture to both his legs in a road accident which resulted in permanent disability in his movement. While the Motor accident claims tribunal awarded Rs 5,35,227, the Chhattisgarh high court enhanced it to Rs 6.35 lakhs.
Allowing the appeal of Sandeep Khanuja, the bench said that at the time of the accident in 2006, the appellant was aged about 30 years. He had produced evidence to the effect that he had worked as a CA for various institutions for which he was paid professional fee. Because of all this he has suffered 70% permanent disability, apart from mental and physical agony.
The bench said the crucial factor which has to be taken into consideration, is to assess as to whether the permanent disability has any adverse effect on the earning capacity of the injured. Free movement is involved for performance of such functions. A person who is engaged and cannot freely move to attend to his duties may not be able to match the earning in comparison with the one who is healthy and bodily abled. Movements of the appellant have been restricted to a large extent and that too at a young age. The Bench ordered payment of enhanced compensation with interest.
