Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 02 June 2026
Case Overview
- Parties: Appellant Ramshad P (victim) vs. Respondent Afsal & Ors. and insurer The New India Assurance Co. Ltd.
- Accident occurred on 21 May 2017; appellant, then 20, suffered catastrophic spinal injuries (C6‑C7 spondylolisthesis, cervical cord injury), resulting in 100 % permanent disability, paraplegia, total incontinence, and total dependence.
- Motor Accident Claims Tribunal (MACT), Thrissur, on 19 August 2023 awarded ₹64,71,050 with interest at 7.5 % per annum from petition date.
- High Court of Kerala (MACA No. 1096 of 2024) enhanced compensation by ₹28,52,400 to ₹93,23,450 and revised interest to 8 % per annum; also fixed notional monthly income at ₹13,000, later revised to ₹18,900 based on Kerala minimum wage for skilled workers (G.O.(P) No. 56/2017 effective 28‑04‑2017).
- Supreme Court recalculated loss of future earnings using the revised monthly income, applying a 40 % addition for future prospects and a multiplier of 18, arriving at ₹57,15,360 for permanent disability.
- Additional heads: attendant charges (₹57,15,360), special diet & transportation (₹62,64,800), pain and suffering (₹10,00,000), loss of happiness & amenities (₹10,00,000), marriage prospect (₹5,00,000). Total compensation fixed at ₹1,46,80,160.
Final Outcome
- Appeal allowed; total compensation re‑fixed at ₹1,46,80,160 (Rupees One Crore Forty‑Six Lakhs Eighty Thousand One Hundred and Sixty only).
- Respondent‑insurer (The New India Assurance Co. Ltd.) directed to deposit the amount with interest at 8 % per annum from the date of the claim petition until realization, within eight weeks of the order.
- Payment to be remitted directly into the appellant’s bank account upon submission of account details by counsel.
Topics: Compensation, Motor Accident, Insurance