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2026 Supreme(Online)(SC) 67

SUPREME COURT OF INDIA
AHSANUDDIN AMANULLAH, R. MAHADEVAN, JJ
HANUMAN – Appellant
Versus
RADHEYSHYAM BUNKAR – Respondent
CIVIL APPEAL NO. OF 2026 | SLP(C) No.517 of 2024



Advocates:
For the Appellants/Petitioners: Anuj Bhandari, Jahanvi Bhardwaj
For the Respondents: Ravi Bakshi, Manvendra Pratap Singh, Sayma Feroz, Pramod Dayal, Rakesh Kumar

Compensation should cover lifelong care needs for disabled individuals, reflecting contemporary wage rates and ensuring a decent quality of life.

Headnote:(A) Motor Vehicles Act, 1988 - Compensation - Enhanced amount of compensation from Rs.17,45,068/- to Rs.75,00,000/- awarded due to the appellant's condition of being paraplegic and requiring lifelong support - Court considered factors such as the need for full-time attendant care and inflation in wage rates since prior judgments. (Paras 4-11)

(B) Quantum of Compensation - Court emphasized that compensation must ensure that the appellant leads a decent life, reflecting the requirements for constant assistance due to the permanent disability caused by the accident. (Paras 10 & 11)

Facts of the case:
The appellant was a 25-year-old who became paraplegic following an accident in 2010, resulting in a need for lifelong support, complicating his ability to maintain a quality of life. The High Court's prior award did not account for the full attendant care requirements.

Findings of Court:
The total compensation is confirmed at Rs.75,00,000/- with interest at 8%, adjustable against any prior amounts already paid.

Issues: The main issues included determining adequate compensation for lifelong care needs and inflationary adjustments since previous awards.

Ratio Decidendi: The court emphasized the importance of ensuring sufficient compensation for the appellant’s ongoing care needs resulting from his permanent disability and the inadequacy of previous compensation awards.

Result: Appeal allowed.

Table of Content
1. appellant's condition and compensation needs. (Para 3 , 4)

O R D E R

Heard learned counsel for the parties.

2. Leave granted.

3. The appellant-claimant has moved to this Court seeking enhancement of the compensation of Rs.17,45,068/- (Rupees Seventeen Lakhs Forty Five Thousand Sixty Eight) along with interest @8% per annum as awarded by the High Court vide impugned order dated

17.08.2023 in S.B. Civil Miscellaneous Appeal No.1595 of 2017.

4. In the year 2010, when the appellant met with an accident, he was aged 25 years. The accident left him in a condition where he is Signattureo Nott Vearifiledly paraplegic being bedridden and dependent on others for even Digitally signed by SAPNA BISHT Date: 2026.01.08 Reason:

5. The said fact is admitted and not disputed by learned counsel for respondent no.2-Insurance Company.

6. Learned counsel for the appellant submits that the appellant would be needing support for his entire life which, as of now, on a reasonable estimation, would be another 40-50 years.

7. Learned counsel for respondent no.2-Insurance Company submits that the Court may enhance the quantum, taking into consideration the case of Kajal v Jagdish Chand and Others (2020) 4 SCC 413 where the amount of Rs.62,27,000/- (Sixty Two Lakhs Twenty Seven Thousand) was awarded.

8. Learned counsel for the appellant submits that the Court may enhance the amount of compensation for the reason that the said order in the case of Kajal (supra) was passed about five years back and the Court had taken a modest figure of Rs.161/- (Rupees One Hundred Sixty One) per day as minimum wages for a skilled labour in the State of Haryana, which needs to be enhanced today.

9. We find the stand taken by learned counsel for respondent no.2-Insurance Company not very relevant for the reason that the Court is looking at the support which the appellant would need for the remainder of his life and not with regard to any future prospects as at the time of incident, the age of the appellant was

25 years.

10. The High Court had not been assisted with regard to the attendant charges as the appellant or anyone in such a state, would be requiring a full time 24x7 attendant, which would mean at least two persons per day, if not three.

11. Accordingly, after factoring everything and taking an overall view and also ensuring that the appellant can lead a decent life, we deem it appropriate to enhance the amount of compensation to Rs.75,00,000/- (Rupees Seventy Five Lakhs) along with interest @8% per annum as awarded by the High Court from the date of filing of the claim petition till its realisation. The same be paid to the appellant, after adjusting the amount which may have been paid earlier, latest within two months from today failing which, the rate of interest shall stand enhanced to 12% for the period of default.

12. The appeal stands allowed in the aforementioned terms.

13. Pending application(s), if any, shall stand disposed of.

……………………..………………………………………………J.

[AHSANUDDIN AMANULLAH]

…………………………………………………………………………J.

[R. MAHADEVAN]

NEW DELHI

05th JANUARY, 2026 ITEM NO.55 COURT NO.13 SECTION XV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s).517/2024 [Arising out of impugned final judgment and order dated 17-08-2023 in SBCMA No.1595/2017 passed by the High Court of Judicature for Rajasthan at Jaipur]

HANUMAN Petitioner(s)

VERSUS RADHEYSHYAM BUNKAR & ANR. Respondent(s)

Date : 05-01-2026 This petition was called for hearing today.

CORAM :

HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Anuj Bhandari, AOR Ms. Jahanvi Bhardwaj, Adv.

For Respondent(s) Mr. Ravi Bakshi, Adv.

Mr. Manvendra Pratap Singh, Adv.

Ms. Sayma Feroz, Adv. Mr. Pramod Dayal, AOR Mr. Rakesh Kumar, Adv.

O R D E R

Leave granted.

2. The appeal stands allowed in terms of the signed order.

3. Pending application(s), if any, shall stand disposed of.

(SAPNA BISHT) (ANJALI PANWAR)

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