Supreme Court raises compensation for blind accident victim from Rs 2.94 crore to Rs 3.77 crore

The Supreme Court has increased the compensation awarded to a woman who was left completely blind after a 2011 road accident, holding that continuing in employment does not necessarily mean that a person's ability to earn remains unaffected.

A bench of Justices SVN Bhatti and NV Anjaria raised the compensation from Rs 2.94 crore, awarded by the Punjab and Haryana High Court, to Rs 3.77 crore. The Court said functional disability must be assessed by considering how a person would fare in the open and competitive job market.

Woman needed extensive workplace support

The woman, Priyanka Das, was 35 when the accident occurred. She was working as a deputy group manager with IBM Daksh in Gurugram and returned to work after spending 19 months on leave without pay.

Although her annual cost to company later increased from Rs 16 lakh to Rs 19 lakh, the Court noted that she could continue working only with specially developed assistive software, flexible working hours and other extensive accommodations.

The bench said her return to work could not, on its own, establish that her earning potential had remained intact.

Court assesses 100 per cent functional disability

The Supreme Court also considered the impact of her injuries on her future career. Records from her employer indicated that she had lost opportunities for promotion to positions such as general manager, director and vice-president.

“The calculation of functional disability depends on assessing the victim’s earning capacity in the open, competitive market, rather than on retention in a specific, highly accommodated role. Evidence before the High Court, specifically the Career Growth Letter dated 06.02.2018 from her employer, confirmed that the Claimant lost out on her normal career growth and promotional progression, including advancement to the positions of General Manager, Director, or Vice President, as a result of the accident.

The record further indicates that she is able to perform her current duties only through specially created software, flexible working hours, and extreme accommodations provided by her employer as an act of corporate compassion,” SC said.

The Court treated her functional disability as 100 per cent and recalculated her future loss of earnings using 50 per cent future prospects and a multiplier of 16.

Rs 20 lakh awarded for loss of marriage prospects

The Court also increased compensation under other heads, including attendant charges, future medical expenses, and pain and suffering. The final award was fixed at Rs 3,77,84,297, with 7.5 per cent annual interest from the date of the claim petition.

Das was also awarded Rs 20 lakh for loss of marriage prospects, based on the circumstances of the case. The Court clarified that the amount “shall not be treated as a precedent”.

The Supreme Court partly allowed her appeal for enhanced compensation while dismissing the insurer's appeal.