In Brief
A 21-year-old pillion rider suffered severe head injuries with 69% permanent disability, cognitive impairment, and complete loss of earning capacity when a motorcycle was hit by a car. The Motor Accident Claims Tribunal awarded Rs. 5,74,320, which the High Court increased to Rs. 14,31,752. The Supreme Court held that permanent disability percentage should not be mechanically applied to calculate loss of earning capacity. Since the claimant worked as a jewellery worker and data entry operator requiring full hand function, his income loss should be assessed at 100%, not proportionately. The Court enhanced compensation by Rs. 27,67,800 for attendant care, future medical expenses, and full loss of earnings, emphasizing that compensation must restore dignity and reflect ground realities of the victim's condition.
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