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J. B. PARDIWALA, K. V. VISWANATHAN
Prahlad Sahai – Appellant
Versus
Haryana Roadways – Respondent
Key Points: - Prosthetic limb compensation should be just, reasonable, and based on future needs with expert assessment (!) (!) - Court mandates a consolidated provision for prosthetic limbs: seven limbs for a 32-year-old with assumed 70-year life span and five-year replacement cycle; maintenance cost included (!) (!) (!) (!) - Judge rejected government-notified price rates as too low and allowed alternative method with expert quotations and individualized calculations (!) (!) (!) - Life expectancy and assumed age at death (70 years) are used to compute duration of prosthetic limb needs (!) (!) - The award includes loss of future income, loss of income during treatment, and litigation costs; specific enhancements: loss of future income Rs. 8,02,368; treatment period Rs. 18,000; litigation costs Rs. 2,00,000; total prosthetic limb compensation Rs. 26,00,000; overall Rs. 36,20,350 (!) (!) (!) - The court emphasizes restitutio in integrum and reasonableness for aids and equipment, rejecting windfall effects (!) (!) - Requirement that prosthetic limb claims be accompanied by quotations from service providers to inform Tribunal assessments (Chandra Mogera line) (!) (!)
| Table of Content |
|---|
| 1. importance of prosthetic limbs to amputees. (Para 1) |
| 2. jurisdiction and context of compensation appeals. (Para 2 , 3 , 4 , 5) |
| 3. appellant's objective of seeking higher compensation. (Para 6) |
| 4. appellant's contentions regarding compensation adequacy. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. respondents' counterarguments to the appellant's claims. (Para 14 , 15 , 16) |
| 6. court's reasoning for determining 'just compensation'. (Para 17 , 18 , 19 , 20) |
| 7. validation of prosthetic limb compensation based on life expectancy. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 8. assessment of monthly income and future prospects. (Para 33 , 34 , 35) |
| 9. final decision on compensation awarded. (Para 36 , 37 , 38 , 39) |
JUDGMENT
K. V. Viswanathan, J.
1. For amputees, a prosthetic limb would get them closest to the life experienced, before the onset of their disability. The device, apart from empowering them, is integral to their life, giving them confidence and self-belief. The appliance is so personal to the individual that its indispensability can only be better appreciated by the person disabled. In a poignant passage, Lord Brooke in David Pinnington vs. Crossleigh , [200
The court established that compensation for prosthetic limbs must be just, reasonable, and based on future needs, emphasizing the need for expert assessments to ensure adequacy and fairness.
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