Accident Claim Petitions Must Include Quotations for Artificial Limbs: SC

The Supreme Court has directed that in every case related to compensation in a road accident where an artificial limb is to be provided to an injured victim, the claim petition must be accompanied by a quotation from two or three service providers to enable the Motor Accident Claims Tribunal (MACT) to assess the cost involved.

Court issued the direction while enhancing the total compensation awarded to a youth to Rs 82,66,424. As his left lower limb was amputated in a road accident, the court treated his case as that of 100 per cent permanent disability. The court also granted him Rs 30 lakh to meet the cost of replacement and necessary maintenance of the artificial limb.

A bench of Justices Sanjay Karol and N Kotiswar Singh found that in recent cases, the claim for compensation against the head of a prosthetic limb often come up for consideration before the court, but no information on the exact cost for it is furnished. Almost in every case, no estimate for cost is provided, either as the basic cost of procurement or for periodic maintenance thereof, the bench pointed out.

"It is, as such we direct that henceforth whenever a claim for grant of compensation under the head of Prosthetic Limb/Artificial Limb is filed, then the same shall be accompanied with requisite quotations from at least two or three service providers, enabling the Tribunal to make an informed assessment of the actual cost which may be incurred in the future," the bench said.

In the present case, appellant Chandra Mogera, then aged 23, sustained grievous injuries on October 23, 2018, while traveling on his motorcycle in a road accident caused by the rash and negligent driving of a lorry. On account of the injuries, one-third of his left lower limb above the knee was amputated. The tribunal initially awarded him Rs 22,01,095, along with an interest rate of 6% from the date of filing the claim petition. It assessed his functional disability at 40%.

Mogera filed an appeal before the Karnataka High Court, contending that his functional disability must be treated as 100%, as he was no longer able to continue with his profession as a driver. Allowing the appeal in part, the high court enhanced the total compensation amount to Rs 30,99,095 by assessing the whole-body disability at 80%.

On further appeal, the apex court held it was established that the appellant sustained a permanent disability to the extent of 75% due to the amputation of his lower limb above the left knee.

Court noted the appellant was employed as a professional driver at the time of the accident. Consequent to the amputation of the lower limb, he has been rendered physically impaired, with limitations that adversely affect his mobility and strength.

"The vocation of a driver not only necessitates the elementary operation of a vehicle but also inherently demands sustained concentration, quick reflexes, and adequate physical ability to respond swiftly to traffic contingencies. In view of the functional restrictions resulting from the injuries suffered by the appellant, coupled with the occupational requirements of his profession, it is evident that the appellant is incapacitated from resuming his employment as a driver," the bench said.

"In our considered view, the appellant should be entitled to a just and reasonable compensation, and therefore, we deem it appropriate to assess and determine the functional permanent disability of the appellant at 100 per cent," the bench said.

Court felt he would require an artificial limb and assumed that he would live at least till the age of 70, meaning he would require prosthetic replacement at an interval of every 5 years. It, therefore, awarded Rs 30 lakh for this purpose. Court finally granted him a total compensation of Rs 82,66,424 with 6 per cent interest from the date of filing the claim petition.

Case Title: Chandra Mogera Vs Santhosh A Ganachari & Anr

Judgment Date: September 11, 2025

Bench: Justices Sanjay Karol and N Kotiswar Singh