On 23rd February 2022, the Supreme Court decreased the compensation awarded by the High Court to a government employee in a motor vehicle accident case since there was no permanent handicap, he was not paralyzed, and he was able to continue working even after the incident. The judgment was delivered in the case of The New India Insurance Company Ltd. vs Satish Chandra Sharma and Anr. A Division Bench of Justices Sanjiv Khanna and Bela M Trivedi was adjudicating an appeal against an order of the Rajasthan High Court.
As a result of taking into account that the employee continued to receive his previous monthly income, including increases, as well as certain allowances offered because of the nature of his job, the Bench issued the directive. At the time of the accident, he was 56 years old with around four years left on his contract before he was eligible to retire.
Putting aside the fact that the injury certificate did not refer to a lifelong handicap of the complete body, the Bench claims that the High Court overlooked the fact that it had certified a 75 percent disability of the lower limbs.
A further Rs. 3,79,000 was added to the respondent's compensation of Rs. 6,21,000 after the Bench considered that the respondent had undergone an operation and an implant had been placed in his vertebrae causing him physical pain, discomfort and the possibility of a shorter lifespan, as well as the fact that, despite being eligible for pension and retirement benefits, he has lost the opportunity to take up post-retirement employment.
The Bench directed the further compensation of Rs. 3,79,000 to be paid within six weeks with interest @ 6 per cent per annum from the date of filing of the claim application.
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