Functional Disability Can Be Assessed At 100% For Intellectual Impairment: Kerala High Court Enhances Motor Accident Compensation
Court enhanced the total compensation payable to the claimants to ₹28,33,869, granting an additional sum of ₹23,96,000 over and above the amount awarded by the MACT.
Justice Shoba Annamma Eapen, Kerala High Court
The Kerala High Court has held that in cases involving intellectual disability caused by a motor accident, functional disability may be assessed at 100%, even where the medical assessment of permanent disability is lower, if the injured is rendered incapable of leading an independent life.
The Bench enhanced the total compensation payable to the claimants to ₹28,33,869, granting an additional sum of ₹23,96,000 over and above the amount awarded by the Motor Accidents Claims Tribunal, along with interest at the rate of 7% per annum from the date of the claim petition till realisation. Furthermore, the Bench directed that 60% of the enhanced compensation shall be deposited in a long-term fixed deposit in a nationalised bank in the name of the claimants, considering the lifelong needs of the injured, while the remaining 40% shall be released to the mother/guardian for immediate expenses.
Justice Shoba Annamma Eapen while allowing an appeal filed by the victim and her mother seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal, noted, “…as per the report of the Medical Board, the intellectual functioning/mental age of the injured is that of a 6-year-old child. It is also evident that she is able to carry out her day-to-day activities only under supervision. Being intellectually disabled, no amount of money can renew her mental faculties that have been battered or shattered due to the accident”.
Placing reliance on Kajal v. Jagdish Chand and Ors. (2020) 4 SCC 413 and Baby Sakshi Greola v. Manzoor Ahmad Simon & another 2024 KHC OnLine 6694 where the claimants were bed-ridden, the Bench observed, “…the injured is not bedridden, but is intellectually disabled. The Medical Board has assessed her permanent disability at 80%. Upon interacting with her in person and considering the report of the Medical Board as well as the documents produced by the appellants, I deem it appropriate to reassess and fix her functional disability at 100%”.
Advocate K. Shaj appeared for the petitioner and Advocate P. Muraleedharan appeared for the respondent.
In the present matter, in a road accident that occurred on January 26, 2004, the claimant, then a 3½-year-old child, sustained severe head injuries after a pickup van hit the car she was travelling in.
The Motor Accidents Claims Tribunal had found negligence on the part of the offending vehicle’s driver and awarded compensation of ₹4.37 lakh. Dissatisfied with the quantum, the claimants approached the High Court seeking enhancement.
The question, which the Court now had to adjudicate upon was whether the injured’s functional disability could be treated as 100% despite a lower medical assessment.
The Medical Board assessed 75% intellectual disability, 20% locomotor disability, with a total permanent disability fixed at 80%, however, the Court went a step further.
After interacting with the now 25-year-old claimant, it observed that her mental age was approximately that of a 6-year-old child, and that she could perform daily activities only under supervision. It further noted that she would require lifelong support and care.
On this basis, the Court held that functional disability must be assessed at 100%, emphasising that intellectual disability results in lifelong impairment affecting real earning capacity and independence.
The Court adopted the multiplier method (instead of a lump sum approach used by the Tribunal), and recalculated compensation under various heads:
- Permanent Disability: ₹7,56,000
- Bystander Expenses (lifelong supervision): ₹5,40,000
- Pain and Suffering: ₹5,00,000
- Loss of Amenities: ₹5,00,000
- Loss of Marriage Prospects: ₹5,00,000
The Court also fixed notional income at ₹3,000/month with 40% future prospects.
“The injured sustained a sub-acute thin subdural haemorrhage - left parietal region with bifrontal subdural hygroma and left mid brain haematoma. Considering the injuries sustained by her and the physical and mental sufferings that she had undergone and continues to undergo, I am inclined to grant an amount of 5,00,000/- as compensation towards pain and suffering”, the Bench noted.
While enhancing compensation, it was also clarified that the interest accruing on the fixed deposit may be withdrawn periodically, and in case of any future necessity for the welfare of the injured, the guardian would be at liberty to approach the Tribunal for withdrawal of the deposited amount, subject to its satisfaction.
Cause Title: Athira & Anr. v. The United India Insurance Co. Ltd. [Neutral Citation: 2026:KER:23137]
Appearances:
Petitioner: K. Shaj, Sajju. S, Advocates.
Respondent: P. Muraleedharan, Advocate.