Supreme Court treats 75.5% medical disability as 100% functional disability, enhances motor accident compensation

The Supreme Court has held that a motor-accident victim who needs a lifelong attendant can be treated as suffering 100% functional disability, even where the medical board certifies a lower figure. In Sunil Kumar (Totally Disabled, Represented By Wife) v IFFCO Tokio General Insurance Company Limited (2026 INSC 1145), a bench of Justices S.V.N. Bhatti and N.V. Anjaria enhanced the compensation of a 43-year-old pillion rider from Rs 36.22 lakh to Rs 77.84 lakh. Though doctors certified his disability at 75.5%, the Court said his severe head injuries, midbrain contusion and need for lifelong care meant his earning capacity was totally destroyed. A second claimant in the same collision saw his compensation raised to Rs 69.60 lakh, with his 62% physical disability assessed at 80% functional disability. Both enhanced amounts carry 6.5% annual interest, and the insurer must deposit them before the Tribunal within six weeks. Reported by Verdictum. (Verdictum)

• The Supreme Court has held that a motor-accident victim who needs a lifelong attendant can be treated as suffering 100% functional disability, even where the medical board certifies a lower figure.
• In Sunil Kumar (Totally Disabled, Represented By Wife) v IFFCO Tokio General Insurance Company Limited (2026 INSC 1145), a bench of Justices S.V.N.
• Bhatti and N.V.