Paraplegic Bus Passenger’s Compensation Raised To ₹49.97 Lakh As Gujarat HC Assesses 100% Disability

The claimant was a bus occupant injured in an accident on 4 July 2006 and became paraplegic

The Tribunal assessed his disability at 80%, took his monthly income as Rs. 3,000, and awarded compensation

In appeal, the claimant relied on a salary certificate showing earnings of Rs. 7,000 per month from Garg Medical Store, his Diploma in Pharmacy, and the suspension of his pharmacy licence after he became immobile

The judgment cites no statute or precedent. It applies the principles governing assessment of motor-accident compensation: proved income informs the calculation of future loss of earnings; future prospects and an age-appropriate multiplier are applied to that income; and disability is assessed by reference to its effect on the claimant’s capacity to work.

Compensation may also be awarded for non-pecuniary loss and necessary care-related expenses, including pain and suffering, attendant charges, transportation, special diet, and loss of amenities

The Court accepted the salary certificate as support for monthly income of Rs. 7,000 and considered the claimant’s paraplegia to prevent him from doing any work, warranting 100% disability

Applying 40% future prospects and a multiplier of 18, it assessed loss of future income at Rs. 21,16,800

It increased compensation for pain and suffering, attendant charges, transportation, and loss of amenities, while maintaining the Tribunal’s medical-expense award

The Court determined total compensation of Rs. 49,97,300 and ordered an additional Rs. 34,15,400, with interest from the claim-petition date at 7.5% on Rs. 7,56,000 and 9% on the remaining Rs. 26,59,400.

The Insurance Company was directed to deposit the enhanced amount within ten weeks, for disbursement by NEFT/RTGS after verification