Shankar Duttv.United India Insurance Co Ltd and Others

Functional Disability Over Physical Disability: Supreme Court Enhances Compensation for Carpenter with Amputated Leg – A Legal Analysis

Case Snapshot

Case Name: Shankar Dutt v. United India Insurance Co. Ltd. and Others

Citation: 2026 INSC 656

Bench: Justice Ujjal Bhuyan and Justice N.V. Anjaria

Date of Judgment: June 24, 2026

Area of Law: Motor Accident Claims, Compensation, Personal Injury

Judgment in Brief

The Supreme Court significantly enhanced the compensation awarded to a 38-year-old carpenter who suffered amputation of his right leg above the knee in a motor accident. The Court held that while the physical disability was medically assessed at 70%, the functional disability for a carpenter—whose work requires sitting, standing, and manual dexterity—must be assessed at 100%. The Court also recognized that carpentry is a skilled profession and assessed the notional monthly income at ₹9,000, as against ₹5,000 determined by the High Court. Additionally, the Court awarded ₹10,00,000 towards the cost of a prosthetic leg and its maintenance throughout the claimant's lifetime. Consequently, the total compensation was enhanced from ₹11,51,423 to ₹35,95,923.

Relevant Facts

• On November 9, 2004, the appellant, a 38-year-old carpenter, was riding his motorcycle when a Jeep driven rashly and negligently came from the wrong side and hit him.

• The appellant suffered severe injuries, and his right leg was amputated above the knee to save his life. He was hospitalized for about 43 days.

• The appellant filed a claim petition seeking ₹18,50,000 compensation. The Motor Accidents Claims Tribunal (MACT) awarded ₹4,77,823 with 4% interest.

• The High Court enhanced the compensation to ₹11,51,423 with 6% interest, assessing monthly income at ₹5,000, maintaining 70% disability, and applying a multiplier of 15.

• Aggrieved, the appellant approached the Supreme Court seeking further enhancement.

Issues Before the Court

1. Whether the notional monthly income of a carpenter should be assessed higher than ₹5,000 per month.

2. Whether the functional disability of the appellant should be assessed at 100% instead of the medically certified 70% physical disability, considering his avocation as a carpenter.

3. Whether the appellant is entitled to compensation towards the cost and maintenance of a prosthetic leg.

4. Whether the co

... Upgrade to a Premium Plan to view the full judgment.