Authority: Supreme Court of India

Order Date: 3 September 2026

Case Overview

  • Parties: Appellant – Reliance General Insurance Company Limited; Respondent – Priyanka Das (claimant) and others.
  • Origin: Accident on 10.04.2011 at ~05:30 pm near Brijghat Bridge; motorcycle (Sushant Prabhakaran driver, Priyanka Das pillion) struck by heavy goods vehicle No. HR‑55‑2812, resulting in Sushant’s death and Priyanka’s grievous injuries.
  • FIR No. 198 registered at Gadmukteshwar Police Station; truck driver (RW‑2) admitted negligence and licence/vehicle impoundment.
  • Claimant’s background: At accident time, 35‑year‑old Deputy Group Manager with IBM Daksh (Concentrix Daksh Services India Pvt. Ltd.), Gurgaon; previously employed as Manager, Contact Centre, Ericsson India Pvt. Ltd.
  • Medical history: Hospitalised at Anand Hospital (Meerut), Fortis Hospital (Noida) (12.04.2011‑11.06.2011), Kailash Hospital (Noida) (11.06.2011‑26.08.2011); diagnosed 100% visual disability (Dr. Radhika Tandon, AIIMS) and permanent colostomy (Dr. Peush Sahni, AIIMS).
  • Initial claim: MACT Petition No. 9 of 2014 (Rs 5 crore, 18% interest) and later MACT Petition No. 94 of 2014 (Rs 12 crore, 15% interest).
  • Motor Accident Claims Tribunal (MACT) award (03.04.2017): Rs 1,35,53,298 total, with Rs 82,56,152 net after deduction of Personal Accidental Term Policy; breakdown: Hospitalisation, Pain & Suffering Rs 2,00,000; Medical Expenses Rs 35,48,798; Loss of Future Income Rs 98,78,105; Physical Disability & Loss of Future Income Rs 90,78,000; etc.
  • High Court modification: Increased functional disability from 60% to 80%; added 50% for future prospects; revised total compensation Rs 2,94,82,617; detailed head‑wise table provided.
  • Appeals: Civil Appeal Nos. 12085‑12086 (insurer) and 12087‑12088 (insurer) challenged compensation; Civil Appeal No. 12089 (claimant) sought further enhancement.
  • Key legal issues: Applicability of multiplier based on deceased’s age (33 years → multiplier 16 per Sarla Verma/Pranay Sethi precedent); status of claimant as legally wedded wife (rejected due to lack of marriage proof); assessment of functional disability versus permanent physical impairment.
  • Medical Board (Vardhman Mahavir Medical College & Safdarjung Hospital) appointed by Supreme Court on 17.10.2025; report dated 28.02.2026 concluded 100% Permanent Physical Impairment (PPI) of whole body; confirmed 100% visual handicap and permanent colostomy.
  • Compensation recalculation based on 100% functional disability, multiplier 16, monthly income Rs 84,057 (annual Rs 10,08,684); loss of annual income Rs 10,08,684; future prospects 50% Rs 5,04,342; total annual loss Rs 15,13,026; total loss of future income Rs 2,42,08,416.
  • Additional heads (per High Court & Medical Board): Medical Bills Rs 35,48,798; Attendant Charges for three attendants Rs 28,80,000; Future Medical Expenses Rs 15,00,000; Pain, Suffering & Mental Agony Rs 15,00,000; Loss of Marriage Prospects Rs 20,00,000; Special Diet Rs 2,00,000; Transportation Charges Rs 1,50,000; Loss of Amenities of Life & Disfiguration Rs 2,00,000.
  • Revised total compensation: Rs 3,77,84,297 with interest at 7.5% per annum from date of claim petition until full realisation.

Final Outcome

  • Civil Appeals 12085‑12086 (insurer) dismissed.
  • Civil Appeals 12087‑12088 (insurer) dismissed.
  • Civil Appeal 12089 (claimant) allowed in part: compensation revised to Rs 3,77,84,297 with 7.5% interest.
  • No order as to costs; pending applications disposed.

Topics: Compensation, Motor Accident, Insurance