Supreme Court: lifelong attendant need means 100% functional disability

The case involves two motor accident victims, Sunil Kumar and Sreejith K.S., who challenged the compensation amounts awarded by the High Court of Kerala, seeking higher compensation based on their functional disabilities and loss of earning capacity.

Who it concerns: Appellants: Sunil Kumar (represented by his wife) and Sreejith K.S.; Respondent: IFFCO Tokio General Insurance Company Ltd.; Bench: Justice N.V. Anjaria.

What the court decided

• The Court held that a victim requiring a lifelong attendant can be considered 100% functionally disabled, even if the Medical Board certified a lower percentage (75.5%) of medical disability.
• The Court distinguished between 'medical disability' (physical impairment) and 'functional disability' (long-term repercussions on life and activities), noting that functional incapacity can be greater than medically perceived impairment.
• The Court affirmed the High Court's re-fixing of Sunil Kumar's monthly income at Rs. 15,000/- and the application of a multiplier of 14.
• The Court cited the principle that permanent disability is primarily determined by the loss of earning capacity.

Also in the document

• The judgment is marked as 'REPORTABLE'.
• The Court explicitly stated that one who remains dependent on another and requires an attendant throughout life suffers from 100% functional disability.
• The text provided is truncated and does not contain the final operative order (e.g., specific final compensation amounts or dismissal/allowance of the appeal) or the closing date.