Limb amputation justifies 100% functional disability for professional drivers and lump-sum compensation for lifetime prosthetic needs.

On the night of 2nd/3rd July 2014, Naresh Pandit (Respondent No. 1), a 25-year-old truck driver, was repairing a punctured tyre of his stationary truck when he was hit from behind by an offending truck (JH 02P 8075)

The accident resulted in the above-knee amputation of his left leg and a fracture to the right femur

The Motor Accident Claim Tribunal (MACT) awarded Rs. 40,14,000/- with 9% interest, treating the functional disability as 100% given the claimant’s vocation

The Insurance Company appealed, seeking a reduction in compensation by challenging the functional disability rating and the award for non-pecuniary damages

1. Whether the functional disability of a truck driver should be assessed at 100% following an above-knee amputation

2. Whether the award of Rs. 2,00,000/- for loss of amenities and disfigurement constitutes a duplication of compensation when 100% loss of future earning capacity is granted

3. Whether future medical expenses for prosthetic limbs can be granted as an open-ended direction and how such compensation should be quantified

The Court applied the principles for assessing functional disability relative to the claimant’s specific vocation as established in Raj Kumar v. Ajay Kumar (2011) 1 SCC 343, which mandates evaluating how permanent disability affects the specific work the claimant performed

Regarding non-pecuniary damages, it relied on Raj Kumar (supra) and Parminder Singh v. New India Assurance Co. Ltd. (2019) 7 SCC 217 to hold that nominal or token amounts for loss of amenities are permissible even with 100% disability awards to avoid complete duplication while acknowledging life-long deprivation

Regarding future medical expenses, the court followed Nagappa v. Gurudayal Singh (2003) 2 SCC 274 and HDFC Ergo General Insurance Co. Ltd. v. Mukesh Kumar (2022) 14 SCC 470, which prohibit "continuing mandamus" for medical costs, requiring a one-time determination

Finally, it adopted the formula from Mohd Sabeer Alias Shabir Hussain v. Regional Manager, UP SRTC, 2022 SCC OnLine SC 1701 for quantifying prosthetic costs based on life expectancy (70 years) and replacement frequency

The Court upheld the 100% functional disability assessment, reasoning that an above-knee amputation effectively terminates the claimant’s ability to perform his specific vocation as a truck driver

Addressing the challenge to non-pecuniary damages, the Court determined that Rs. 2,00,000/- was not excessive given the claimant's youth (25 years) and the severe nature of the disfigurement, clarifying that Raj Kumar does not prohibit nominal awards in such cases

Regarding prosthetics, the Court rejected the MACT's lack of a specific sum in favor of a definitive assessment

Estimating the 37-year-old claimant’s remaining lifespan to age 70 (33-35 years) and a prosthetic's life at 7 years, the Court concluded he would require five replacements

Based on a quotation of approximately Rs. 7,00,000/- per limb (including maintenance), the Court calculated an additional lump sum

It held that 100% functional disability was appropriate for a driver with an amputated leg

It awarded an additional Rs. 35,00,000/- specifically for the procurement and maintenance of five prosthetic limbs over the claimant's lifetime

The Court ordered that this additional amount be kept in a fixed deposit, with disbursements of up to Rs. 7,00,000/- to be made by the MACT only upon production of actual invoices for each new prosthetic limb

No interest was awarded on the enhanced amount for prosthetics as it pertains to future expenses