The Supreme Court has ruled that motor accident victims who suffer amputations are entitled to high-quality prosthetic limbs that facilitate a life as close as possible to their pre-disability state. Emphasizing that artificial limbs are an “indispensable” part of a survivor’s empowerment and self-belief, the court rejected the argument that compensation should be limited to the “abysmally low” rates prescribed in government notifications.
The ruling came from a bench of Justices J.B. Pardiwala and K.V. Viswanathan while hearing an appeal filed by Prahlad Sahai, a driver who lost his right leg below the knee following a 2007 collision with a Haryana Roadways bus.
The court grounded its decision in the legal maxim ‘restitutio in integrum’ (restoration to original condition). Writing for the bench, Justice Viswanathan observed that a prosthetic limb is far more than a simple medical appliance; it is integral to the survivor’s identity.
“For amputees, a prosthetic limb would get them closest to the life experienced, before the onset of their disability. The device, apart from empowering them, is integral to their life, giving them confidence and self-belief,” the court stated.
Quoting British judge Lord Brooke, the bench noted that those who have not experienced the loss of a limb might find it difficult to appreciate “how personal this kind of appliance is to a disabled [person].”
A pivotal aspect of the judgment was the rejection of the insurance company’s contention that victims should only be compensated based on standard government rates. The bench described these rates as “abysmally low” and asserted that victims have the right to seek treatment at private centers that offer devices suited to their specific needs.
“If the treatment claimed is reasonable, there is no answer for the defendant to point to cheaper options,” the bench remarked.
The Supreme Court significantly enhanced the compensation previously awarded by the Motor Accident Claims Tribunal (Rs 8.73 lakh) and the Rajasthan High Court (Rs 13.02 lakh). The apex court ordered an additional payment of Rs 36.20 lakh, bringing the total compensation to nearly Rs 50 lakh.
The court’s calculation was based on several key factors:
- Replacement Cycles: Assuming a life expectancy of 70 years and a prosthetic lifespan of five years, the court awarded Rs 21 lakh (covering seven replacement cycles at Rs 3 lakh per limb).
- Maintenance: An additional Rs 5 lakh was granted for the upkeep of the appliances.
- Functional Disability: The court computed Sahai’s functional disability at 100%, noting that an amputee cannot drive heavy vehicles.
- Income Recognition: Despite a lack of documentary evidence for Sahai’s Rs 6,000 monthly salary, the court accepted the claim, noting that such proof cannot be expected from those in that “strata of income.”
The court also awarded Rs 8.02 lakh for loss of future income, Rs 2 lakh for litigation costs, and Rs 18,000 for loss of income during treatment. The insurance company must pay the additional sum within four weeks, or face a 9% annual interest penalty.
