Loss of Leg Above Knee Equals 100% Functional Disability for Mason: SC
The Supreme Court has ruled that the amputation of a right leg above the knee must be treated as 100% functional disability in the case of a mason, holding that compensation in motor accident claims cannot be determined solely on the basis of physical disability percentages without assessing the impact on a person's livelihood.
A Bench comprising Justice Prashant Kumar Mishra and Justice N.V. Anjaria enhanced the compensation awarded to a mason from Tamil Nadu from ₹29.01 lakh to ₹40.29 lakh after finding that the lower courts had incorrectly assessed his loss of earning capacity at 70%, based only on the medical disability certificate.
“The functional disability suffered by the appellant is required to be assessed at 100% and not at 70% as assessed by the Tribunal and affirmed by the High Court,” the Court observed.
The case arose from a road accident in April 2017, when a lorry struck the appellant's bicycle from behind on the Namakkal-Salem highway, resulting in severe injuries and the eventual amputation of his right leg above the knee.
At the time of the accident, the appellant was employed as a mason and argued that the injury had completely deprived him of his ability to continue in his profession.
Although a disability certificate assessed his permanent physical disability at 70%, both the Motor Accident Claims Tribunal and the Madras High Court adopted the same percentage while calculating the loss of earning capacity and compensation.
The Supreme Court disagreed, reiterating the distinction between physical disability and functional disability. Relying on its earlier ruling in Raj Kumar v. Ajay Kumar, the Court emphasised that compensation must be assessed based on how the injury affects a victim's ability to earn a livelihood rather than mechanically applying the percentage of physical disability.
The Bench observed that masonry is a physically demanding occupation that requires continuous use of both legs and noted that the amputation had effectively ended the claimant's ability to pursue his only source of income.
“The amputation of the right leg above the knee has not merely caused physical disability to the appellant but has rendered him incapable of effectively carrying on the manual and physical work which constituted his only source of livelihood,” the Court said.
The Court recalculated the compensation by treating the functional disability at 100%, fixing the claimant's monthly income at ₹12,000, adding 40% towards future prospects and applying a multiplier of 17.
It also increased the amount awarded towards future medical expenses, including the cost of an artificial limb and prosthetic maintenance, from ₹1 lakh to ₹2 lakh, observing that the claimant would require replacement and upkeep of the prosthesis throughout his lifetime.
Consequently, the total compensation was enhanced to ₹40,29,730, along with interest at the rate of 7.5% per annum. The insurer was directed to deposit the enhanced amount within six weeks.
