Functional disability for compensation is determined by the nature of the victim's occupation; for manual laborers, the amputation of a limb may be treated as 100% functional disability regardless of the medical disability percentage.

Order

1. By way of filing the instant appeal, a challenge has been led to the impugned award dated 08.12.2025 passed by the Motor Accident Claims Tribunal, Dausa, District Dausa (for short ‘the Tribunal’) in MAC Case No.240/2013, by which the claim petition submitted by the claimant-appellant (hereinafter referred to as ‘the claimant’) has been partly allowed and the respondents have been directed to pay a compensation of Rs.6,40,500/- to the claimant.

2. The facts of the case are that the claimant met with an accident on 13.01.2023 and the accident was caused by the driver of the truck bearing registration No.RJ14-GA-2948, i.e., respondent No.1. In the aforesaid accident, the claimant has sustained several injuries and also lost his right leg which was amputated above the knee. For this purpose, a Medical Board consisting of three Doctors has also issued a disability certificate, which indicates that the claimant has suffered 80% permanent disability. It has been stated in the claim petition that the claimant was a labour-cum-agriculturist and was also unmarried at the time of accident and owing to the injuries suffered in the accident, the claimant would be deprived of the enjoyment of marital life.

3. Considering overall facts and circumstances of the case, the learned Tribunal has awarded a sum of Rs.5000/- for hospitalization, Rs.1,000/- for sustaining one simple injury, Rs.16,100/- for medical bills and a lump sum amount of Rs.1,00,000/- towards deprivation of marital life and future pain and suffering due to amputation of leg. Further, he has been granted Rs.5,18,400/- by the Tribunal under the head of loss income in future because of the amputation of his right leg.

4. Perusal of the record indicates that at the time of accident, the age of the claimant was 23 years and he has lost his right leg, which has been amputated above knee and he has suffered 80% permanent disability and the same has been reflected in the disability certificate (Exhibit-33) issued by the Medical Board consisting of three Doctors.

5. Learned counsel for the respondent opposed the contentions raised in the appeal.

6. Heard and perused the material available on the record.

7. Hon’ble Apex Court in the case of Sarnam Singh v. Shriram General Insurance Co. Ltd. reported in 2023 (8) SCC 193, has dealt with the identical issue, where the injured had suffered 80% permanent disability, but considering the age of the injured, his 80% permanent disability was treated as 100% disability for determining the compensation awardable. This fact has been dealt in detail, by the Hon’ble Apex Court, in para No.8 to 10, which reads as under:

“8. The issue required to be considered in the present appeal falls in a very narrow campus. It is with the reference to the functional disability of the appellant for the purpose of assessment of compensation. The fact remains that he suffered injuries in a road accident on account of which his right lower limb was amputated. This resulted in permanent disability. There is a certificate produced by the appellant from Madan Mohan Malviya Hospital, (Government of NCT Delhi) showing his permanent physical disability at 85% with further note that the condition is not likely to improve and no further reassessment is recommended. The certificate was issued by a board of doctors on 28.03.2014. As per the photograph of the appellant appearing in the disability certificate, his right leg has been amputated above the knee. The income of the appellant, his age and other factors are not in dispute.

9. As to how compensation, in case where permanent disab