Injuries made work harder: Jharkhand HC raises Ranchi man’s compensation to ₹10.5 lakh
SUMAN K SHRIVASTAVA Ranchi, August 25: A Ranchi man who continued working for nearly five years despite permanent physical injuries from a…
SUMAN K SHRIVASTAVA
Ranchi, August 25: A Ranchi man who continued working for nearly five years despite permanent physical injuries from a road accident has received a major boost in compensation, with the Jharkhand High Court enhancing the award from ₹5.43 lakh to ₹10.50 lakh.
A Bench headed by Chief Justice M. S. Sonak partly allowed an appeal filed by Prabal Kumar Gupta, who had challenged the compensation awarded by the Motor Accident Claims Tribunal, Ranchi, in 2015.
The High Court found that although Gupta continued working after the accident and his salary increased, his permanent physical impairment had a continuing effect on his ability to perform his job and on his daily life.
Continued Working Despite Permanent Disability
Gupta was serving as a Deputy Sales Manager when the accident occurred. He continued in service for nearly five years afterwards, with his monthly salary rising from ₹38,724 in 2003 to around ₹50,000 at the time of his resignation.
The insurance companies argued that his continued employment and rising salary showed that he had not suffered a loss of earning capacity.
The High Court, however, found that the picture was not that simple.
The Court noted that Gupta had attributed his resignation to physical difficulties caused by the injuries. He also had nearly seven years of service remaining when he resigned.
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‘Medical Disability’ Is Not the Same as Functional Disability
The Court assessed Gupta’s functional disability at 25%, although his medical disability had been assessed at 50%.
It said the percentage of medical disability cannot be mechanically treated as the measure of loss of working capacity. Instead, courts must examine how the injury actually affects a person’s ability to perform the duties of his occupation.
For Gupta, the Court noted that his job as Deputy Sales Manager required regular travel, field visits and mobility for interaction with clients.
His permanent physical limitations, therefore, made these responsibilities more difficult and less efficient than before the accident.
The Court described this as a real, though partial, impairment of his working capacity.
Compensation Increased Under Multiple Heads
The High Court increased the compensation for pain, suffering and trauma from ₹1 lakh to ₹2 lakh.
The medical evidence showed that Gupta had remained hospitalised for a considerable period, was bedridden for about three months and subsequently required a walker for another three months. His mobility and daily activities continued to be affected by the permanent disability.
The Court also awarded ₹36,000 towards driver charges in addition to ₹18,000 already granted as attendant charges, taking the combined amount to ₹54,000.
It further awarded ₹20,000 for conveyance and incidental expenses and ₹50,000 for future medical expenses.
₹7 Lakh for Future Earning Loss, Disability and Lost Amenities
The biggest increase came under the combined head of loss of future earnings, permanent disability and loss of amenities of life.
The Tribunal had awarded ₹4 lakh under this head. The High Court raised it to ₹7 lakh, taking into account Gupta’s residual functional disability, the nature of his injuries, his age and the years of service he still had remaining.
The Court said the evidence did not show a complete loss of earning capacity, but it also did not justify treating the loss as zero.
Total Compensation Raised to ₹10.5 Lakh
The High Court fixed the compensation at:
- ₹2 lakh for pain, suffering and trauma
- ₹25,000 for special diet
- ₹20,000 for conveyance and incidental expenses
- ₹54,000 for attendant and driver charges
- ₹50,000 for future medical expenses
- ₹7 lakh for loss of future earnings, permanent disability and loss of amenities
The total came to ₹10.49 lakh, which the Court rounded off to ₹10.50 lakh.
Insurers Given Six Weeks to Pay
The Court directed Oriental Insurance Company Ltd. and National Insurance Company Ltd. to share the enhanced compensation equally.
Both insurers have been directed to deposit their respective shares with the High Court within six weeks, after adjusting any amount already paid. The enhanced compensation will carry 6% annual interest from the date of filing of the claim petition until actual realisation.
The appeal was accordingly allowed in part and disposed of.
J
