The Supreme Court has ruled that compensation awarded to motor accident victims must account for the cost of prosthetic limbs as well as their ongoing maintenance, noting that such devices were crucial for restoring mobility, confidence and dignity to amputees.
The Bench of Justice JB Pardiwala and Justice KV Viswanathan, while hearing an appeal arising from a 2007 bus accident, noted that neither the Motor Accident Claims Tribunal nor the High Court had awarded any amount towards prosthetic limb expenses, despite the claimant losing his right leg.
The Court reiterated that Section 168 of the Motor Vehicles Act mandates the grant of just compensation, which must be fair, reasonable, and aligned with the actual needs of the victim.
The Court observed that a prosthetic limb was not merely an aid but an integral part of life for a person who suffered amputation, and compensation must seek to place the injured individual, as far as possible, in the position they would have been in, before the accident.
Invoking the principle of restitutio in integrum (restoration to original condition), the Court held that damages should enable the victim to obtain necessary assistive devices required due to the injury. It further recognised that prosthetic limbs are not one-time purchases but require periodic replacement and maintenance. Accepting that such limbs typically need replacement every five years, the Court factored in both replacement and upkeep costs while computing compensation.
Taking a life expectancy of 70 years and considering the claimant’s age of 32 at the time of the accident, the Court estimated that he would require seven prosthetic limbs over his lifetime. It accordingly awarded ₹3 lakh per limb and an additional ₹5 lakh towards maintenance, totalling ₹26 lakh under this head.
The Court rejected the insurer’s reliance on lower government-notified rates for prosthetic devices, holding that compensation must reflect reasonable and adequate needs rather than the cheapest available options. It clarified that a claimant is entitled to procure a suitable prosthetic limb from a private provider if justified by medical and functional requirements. In doing so, the Court relied on its 2022 decision in Mohd. Sabeer @ Shabir Hussain v. Regional Manager, U.P. State Road Transport Corporation, where a similar cost benchmark was adopted.
The case stemmed from a 2007 accident in which a Haryana Roadways bus collided with the claimant’s motorcycle, resulting in the amputation of his right leg below the knee. The Tribunal had initially awarded ₹8.73 lakh, which was later enhanced to ₹13.02 lakh by the Rajasthan High Court.
Allowing the appeal, the Supreme Court further enhanced compensation under various heads, including loss of future income and litigation expenses. It ultimately directed the insurer to pay an additional ₹36.2 lakh over and above the amount awarded by the High Court, within four weeks.
The post Supreme Court entitles accident victims to prosthetic maintenance appeared first on India Legal.