Supreme Court holds that an accident victim needing a lifelong attendant can be treated as 100 per cent functionally disabled

23 October 2026

In Sunil Kumar (Totally Disabled Represented by Wife) v. IFFCO Tokio General Insurance Company Ltd, a bench of Justice SVN Bhatti and Justice NV Anjaria held that a claimant who depends on another and needs an attendant for life can be assessed at 100 per cent functional disability even where a Medical Board certifies a lower figure.
The Court said the medical percentage alone does not decide the matter and the functional impact on the claimant's life and earning ability must be considered.
The Medical Board had assessed Sunil Kumar's disability at 75.5 per cent; the Court assessed functional disability at 100 per cent.
Compensation was raised from ₹36.22 lakh to ₹77,84,394, including ₹31.50 lakh for permanent disability and loss of earning capacity and ₹25.20 lakh for attendant charges.
Interest is payable at 6.5 per cent a year on the additional amount, and the insurer must deposit it before the Motor Accident Claims Tribunal within six weeks.
In a connected appeal, Sreejith K.S., assessed at 62 per cent medical disability, was given 80 per cent functional disability and total compensation of ₹69,60,880.