Disarticulation Of Limb Entitles Full Functional Disability Recognition For Compensation” Rules Calcutta High Court

In a notable judgment dated May 9, 2024, the Hon’ble Justice Ajay Kumar Gupta of the Calcutta High Court modified the compensation awarded by the Motor Accident Claims Tribunal, Paschim Medinipur, granting enhanced compensation to Joydev Malik, who sustained severe injuries resulting in the amputation of his left leg from the knee following a road mishap on October 20, 2007.

The court centered its decision on the misassessment of the claimant’s permanent disability and income, previously set at 80% by the Tribunal based on a monthly income of Rs. 3,000. The High Court, acknowledging the appellant’s more severe functional disability and the inadequacy of the earlier compensation, recalculated the compensation incorporating future prospects and non-pecuniary losses.

Joydev Malik appealed the Tribunal’s award of Rs. 4,67,800 with 8% interest, contending it underassessed his disability and failed to consider future prospects and non-pecuniary damages. Malik, previously employed as a helper-cum-driver, argued his amputation rendered him completely disabled in terms of his profession, though the Tribunal had accepted only an 80% disability.

Justice Gupta, after reviewing the submissions and precedents, increased the future prospects addition to 40% of the actual income and awarded Rs. 2,00,000 for non-pecuniary damages, such as pain and suffering. The total revised compensation was thereby increased to Rs. 8,04,800. The judgment emphasized that:

The claimant’s functional disability could effectively be considered as 100% due to his inability to continue in his previous employment.

The correct calculation of compensation must include a consideration of future prospects and non-pecuniary losses.

Decision: The court ordered the enhanced compensation amount of Rs. 3,37,000, in addition to the originally awarded Rs. 4,67,800, thus totaling Rs. 8,04,800, which shall carry interest at 6% per annum from the date of the claim till final payment. The respondent, National Insurance Company Limited, is directed to deposit the enhanced amount within eight weeks from the date of judgment.

Date of Decision: May 9, 2024

Joydev Malik versus National Insurance Company Limited and Another