Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 09 October 2026
Case Overview
- The appeal (Civil Appeal No. 13583/2026, Special Leave Petition No. 29490/2025) was filed by V.K. Pradeep Kumar (appellant) against The Oriental Insurance Company Ltd (respondent).
- The dispute stems from a Motor Accident Claims Tribunal (MACT) order dated 23 May 2015 awarding Rs 39,91,356 with 9 % per annum interest to the appellant for injuries sustained in an accident.
- The High Court of Kerala at Ernakulam, in MACA No. 3050/2015 dated 19 July 2024, reduced the award to Rs 31,99,436 while retaining the interest rate.
- The appellant, then 21 years old and a vegetable vendor, suffered 95 % functional disability, paralysis of the entire right side, blindness in the right eye, loss of marriage prospects, and claimed inadequate compensation for future treatment (Rs 1,50,000) and loss of income.
- The respondent argued that the High Court correctly accounted for loss of income, applying a multiplier of 18 and excluding an additional 48‑month wage component as a double load.
Final Outcome
- The Supreme Court held that several heads of compensation required enhancement and, on overall justice, restored the original MACT award of Rs 39,91,356 with 9 % interest.
- The order of the High Court dated 19 July 2024 was set aside.
- Oriental Insurance Company Ltd is directed to pay the restored amount, after adjusting any sum already paid, within six weeks from the date of this order.
- All pending applications, if any, are to be disposed of.
Topics: Compensation, Insurance Litigation, Court Judgment