country
ID
Tie compensation to functional disability, says SC
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Times of India
"...In the given facts of a case, a lesser physical disability may result in a much higher functional disability and in an appropriate case, even amount to complete loss of earning capacity," the bench said, adding it would be reasonable to assume that functional incapacity resulting out of a particular bodily injury may be higher and greater than what may be medically perceived.
"The present case concerns a child who has suffered permanent disability at a tender age and whose future stands altered on account of the injuries sustained in the accident.
"Cases involving child victims suffering permanent or near total disability constitute a distinct and special category within the law relating to motor accident compensation.
A child, by reason of age, vulnerability and complete dependence upon others, stands on an altogether different footing from an adult claimant.
The law, therefore, cannot evaluate claims involving injured children through the same lens that may ordinarily be applied in cases involving adults," it said.