Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 15 October 2026

Case Overview

  • Appellants: Sunil Kumar (represented by his wife as he is totally disabled) and Sreejith K.S.; Respondent: IFFCO Tokio General Insurance Company Ltd.
  • Origin: Both appeals arise from a single motor accident on 22 October 2016 at ~07:40 on the Thrissur‑Kodara road near Paliyekkara toll plaza. Sunil Kumar was a pillion rider; Sreejith K.S. was the driver of scooter KL‑64/C‑6493. A second scooter (KL‑45/M‑9130) driven by the alleged negligent party collided with them, causing serious injuries.
  • Initial proceedings: Motor Accident Claims Tribunal, Irinjalakuda awarded Sunil Kumar Rs 19,91,954 and Sreejith K.S. Rs 16,03,400 (both with 8% p.a. interest from filing to realization).
  • High Court of Kerala (Ernakulam) enhanced the awards: Sunil Kumar to Rs 36,22,644; Sreejith K.S. to Rs 27,70,664.
  • Issues before the Supreme Court: adequacy of income assessment, multiplier, percentage of permanent disability (medical vs functional), attendant/bystander charges, future medical expenses, loss of marriage prospects, and interest rate.
  • Income assessment: Sunil Kumar’s monthly income fixed at Rs 15,000 (considering Exhibit‑A13 training in agricultural machinery, not limited to farming). Sreejith K.S.’s monthly income fixed at Rs 10,500 (based on Ramachandrappa precedent).
  • Multipliers applied: 14 for Sunil Kumar (age 43) and 18 for Sreejith K.S. (age 22), following Sarla Verma & related case law.
  • Permanent disability: Medical Board certified 75.5% for Sunil Kumar and 62% for Sreejith K.S. The Court distinguished medical from functional disability, adopting 100% functional disability for Sunil Kumar and 80% functional disability for Sreejith K.S. based on case law (Shankar Dutt, Jithendran, Reliance General Insurance).
  • Attendant/bystander charges: Court applied multiplier method, calculating Rs 25,20,000 for Sunil Kumar and Rs 22,68,000 for Sreejith K.S.
  • Future medical expenses: Rs 10,00,000 for Sunil Kumar; Rs 8,00,000 for Sreejith K.S., following Reliance General Insurance precedent.
  • Pain and suffering & loss of amenities: Both appellants awarded Rs 2,50,000 each under each head.
  • Loss of marriage prospects: Awarded Rs 5,00,000 to Sreejith K.S. per Raj Kumar vs. Ajay Kumar.
  • Interest: Court fixed 6.5% p.a. from filing of claim petition till realization on the additional amounts, lower than the 8% previously awarded.

Final Outcome

  • Sunil Kumar’s total compensation: Rs 77,84,394 (including loss of earnings, attendant charges, medical expenses, future medical expenses, pain & suffering, permanent disability & loss of earning power, loss of amenities). Additional amount payable over High Court award: Rs 41,61,750, with interest at 6.5% p.a.
  • Sreejith K.S.’s total compensation: Rs 69,60,880 (including loss of earnings, attendant charges, medical expenses, future medical expenses, pain & suffering, permanent disability & loss of earning power, loss of amenities, loss of marriage prospects). Additional amount payable over High Court award: Rs 41,90,216, with interest at 6.5% p.a.
  • IFFCO Tokio General Insurance Company Ltd. is directed to deposit the additional compensation amounts with interest within six weeks of this judgment.
  • The Tribunal shall disburse the amounts directly into the appellants’ bank accounts after verifying identification and completing necessary procedures.
  • Both appeals are allowed in entirety; any pending interlocutory applications stand disposed.

Topics: Compensation Law, Insurance Claims, Supreme Court Judgment