New Delhi: The Supreme Court has held that a person who remains dependent on another and requires an attendant throughout life can be considered to be suffering from 100% functional disability, even if the Medical Board certifies a lower percentage of medical disability, LiveLaw reported.

Source: LiveLaw

"Even though the Medical Board certified the medical disability to be 75.5%, the functional effect can be said to be debilitating for the appellant to the extent of 100%. One who remains dependent on another and requires an attendant throughout his life can be said to be suffering from 100% functional disability," a bench of Justice S.V.N. Bhatti and Justice N.V. Anjaria observed.

Compensation more than doubled

Applying that principle, the Court raised the compensation payable to motor accident victim Sunil Kumar from Rs 36.22 lakh to Rs 77,84,394. It awarded Rs 31.50 lakh towards permanent disability and loss of earning capacity and enhanced attendant charges to Rs 25.20 lakh, using the multiplier method for his lifelong dependence. Interest at 6.5% per annum will apply to the additional amount from the date the claim petition was filed until payment, Outlook Money reported.

Source: Outlook Money

₹77,84,394Sunil Kumar's total compensation (was ₹36.22 lakh)
100%functional disability (medical: 75.5%)
₹69,60,880second victim Sreejith K.S.'s compensation
6 weeksfor insurer to deposit the additional amount

The case arose from a road accident on October 22, 2016, near the Paliyekkara toll plaza on the Thrissur-Kodara road in Kerala. Sunil Kumar, travelling as a pillion rider, suffered severe head injuries including diffuse axonal injury and midbrain contusion. The Court said permanent disability must be assessed not only by the medical percentage but also by the functional impact on the claimant's life and ability to earn, citing its earlier decisions including Shankar Dutt and Jithendran.

In the connected appeal, the Court assessed the second victim, Sreejith K.S., at 80% functional disability against a Medical Board assessment of 62% and raised his total compensation to Rs 69,60,880. The insurance company, IFFCO Tokio General Insurance, was directed to deposit the additional compensation for both claimants, with interest, before the Motor Accident Claims Tribunal within six weeks. The case is Sunil Kumar (Totally Disabled Represented by Wife) v. IFFCO Tokio General Insurance Company Ltd., citation 2026 LiveLaw (SC) 1073.