In a landmark decision, the Supreme Court of India has recognized the loss of vision in one eye as tantamount to 100% functional disability for a diamond cutter, thereby increasing the compensation awarded in a motor accident case to ₹15,98,000. The judgment underscores the critical role of precision and vision in professions requiring fine craftsmanship.
Background of the Case
The case, Jayanandan vs. Varkey & Ors. (Civil Appeal No. [details]), involved the appellant, Mr. Jayanandan, a diamond cutter by profession, who sustained grievous injuries in a motor accident on February 15, 2005. While traveling on his motorcycle in Thrissur, Kerala, his vehicle collided with an autorickshaw, allegedly due to the autorickshaw driver’s rash and negligent driving. The collision led to severe injuries, including the complete loss of vision in one eye, profoundly affecting his livelihood.
Initially, the Motor Accidents Claims Tribunal (MACT) awarded ₹8,70,000 in compensation, calculating the functional disability at 49%. Dissatisfied, Mr. Jayanandan appealed to the Kerala High Court, which recalculated the disability at 65% and increased the compensation to ₹10,57,500.
Supreme Court’s Observations and Decision
Further aggrieved, Mr. Jayanandan approached the Supreme Court, challenging the disability assessment and the compensation for pain and suffering. The bench, comprising Justice Sanjay Karol and Justice Manmohan, reevaluated the impact of the injury on the appellant’s ability to perform his job as a diamond cutter.
The court referred to Rajkumar vs. Ajay Kumar (2011) 1 SCC 343, emphasizing the need to assess disability in the context of the victim’s specific profession. The judgment highlighted:
“Seeing only with one eye, unquestionably makes it greatly difficult to effectively carry out the processes [of diamond cutting].”
Acknowledging the indispensable role of clear vision in the appellant’s profession, the court determined that the loss of vision in one eye rendered him 100% functionally disabled for his work. Consequently, the court enhanced the compensation for loss of future earning capacity to ₹12,60,000.
Additionally, the bench increased the compensation for pain and suffering from ₹50,000 to ₹1,50,000, recognizing the profound psychological and economic impact of the injury. The total compensation was raised to ₹15,98,000, with an interest rate of 8%, as awarded by the MACT.
Key Observations
– The court highlighted the unique challenges faced by skilled workers like diamond cutters, for whom precise vision is non-negotiable.
– It emphasized that compensation must reflect not just physical disability but also the practical impairment of earning capacity in the claimant’s specific trade.
Representation
The appellant was represented by Mr. Tom Joseph, Advocate-on-Record, along with Mr. Patta Arun Kumar and Mr. Kumar Gaurav. The respondents were represented by a team led by Mr. S.L. Gupta and Mr. Sanjeev Kumar Aggarwal.
