SC Restores and Enhances Compensation to Rs. 82.83 Lakh for Man in Vegetative State

The Supreme Court on August 22, 2025, set aside the findings of the Madras High Court reducing compensation to a man who suffered 100% permanent disability and slipped into a vegetative state following a road accident. Holding the High Court’s approach as unsustainable, the Court enhanced the compensation to Rs. 82,83,866 under Section 166 of the Motor Vehicles Act, 1988.

A bench of Justices N. V. Anjaria and Atul S. Chandurkar noted that the High Court was not justified in reducing the quantum of compensation from Rs. 67,83,866 as awarded by the Motor Accident Claims Tribunal (MACT) to Rs. 48,83,866.

The High Court had reduced amounts towards future medical expenses and attendant charges, and had also set aside compensation for permanent disability, loss of enjoyment of life and amenities, and pain and suffering of family members.

The claimant, aged 21 and pursuing his education at the time of the accident on July 3, 2011, was travelling as a passenger in a bus from Coimbatore to Chennai when the vehicle hit a tamarind tree, causing grievous injuries to several passengers.

The claimant suffered injuries resulting in 100% permanent disability.

The bench observed that the fact of the claimant’s vegetative state and total disability was not disputed by the owner of the vehicle or the insurer. It held that restricting future medical expenses to Rs. 3,000 per month for 25 years, as done by the High Court, was unjustified, as it would cover expenses only till the claimant attained 46 years of age.

Considering life expectancy, the Court enhanced this amount to Rs. 15 lakh.

The Court restored the award of Rs. 3 lakh towards loss of enjoyment of life and amenities, noting that the High Court had set aside this head without any reason.

On attendant charges, the Tribunal had granted Rs. 6 lakh, which the High Court reduced to Rs. 3 lakh. Observing that the claimant, being 100% disabled, would require an attendant for life, the Court fixed a lump sum of Rs. 10 lakh under this head.

The bench further restored Rs. 3 lakh towards pain and suffering of family members, finding that the High Court had erred in setting aside this compensation without reasons despite the Tribunal’s reliance on precedent. It also disagreed with the High Court’s view that compensation for permanent disability was inadmissible since loss of income was already considered.

Holding that these were distinct heads, the Court awarded Rs. 5 lakh towards permanent disability.

“In the light of the permanent disability suffered by the claimant, the said amount of compensation as awarded did not warrant any interference,” the Court said, terming the High Court’s reduction of Rs. 19 lakh as unsustainable.

Accordingly, the claimant was held entitled to Rs. 82,83,866 as compensation, with the unpaid amount directed to be released within four weeks along with interest at 7.5% per annum, as directed by the Tribunal.

Case Title: Kavin v. P. Sreemani Devi & Ors.

Date of Judgment: August 22, 2025

Bench: Justices N. V. Anjaria and Atul S. Chandurkar