A Lorry Hit His Bicycle. The Argument Was About What Losing A Leg Costs.
A cyclist lost his right leg above the knee. The tribunal awarded about eleven lakh, the High Court raised it to nearly twenty-four, and the Supreme Court went further still.
The Court declined to disturb the High Court's assessment of income at Rs 12,000 a month, and turned to disability. The competent authority had certified permanent disability at 70 per cent, and the Court addressed how that translates into loss of earning capacity. The appeal was partly allowed and the insurer directed to deposit the enhanced amount before the Tribunal within six weeks.
- The certificate is the starting point, and 70 per cent permanent disability was certified by the competent authority.
- Loss of earning capacity is the question, not the percentage on its own.
- Income was not reopened. The Court left Rs 12,000 a month undisturbed and argued about what follows from it.
- Six weeks to deposit, after which the claimant may withdraw in accordance with law.
- Court
- Supreme Court of India
- Bench
- Justice N. V. Anjaria, Justice Prashant Kumar Mishra
- Citation
- 2026 INSC 655
- Reported
- [2026] 7 S.C.R. 366
- Case
- CIVIL APPEAL/8708/2026
- Decided
- 22 June 2026
- Outcome
- Appeal partly allowed; compensation enhanced
What happened
The appellant was riding his bicycle when a lorry coming from behind hit him rashly and negligently. He suffered grievous injuries and his right leg was later amputated above the knee.
He claimed Rs 25,00,000 before the Motor Accidents Claims Tribunal. The Tribunal awarded Rs 10,84,330 with interest. The High Court enhanced that to Rs 23,86,320 with interest.
What the Supreme Court examined
On monthly income, the Court was not inclined to interfere with the High Court's assessment of Rs 12,000 a month.
What remained was the assessment of disability and the loss of earning capacity suffered. The disability certificate issued by the competent authority assessed permanent disability at 70 per cent, and the Court considered how the Tribunal and the High Court had treated that figure.
The appeal was partly allowed, with the insurance company directed to deposit the enhanced amount before the Tribunal within six weeks, on which the appellant may withdraw it in accordance with law.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Does a 70% disability mean 70% of the compensation?
Not automatically. The percentage is evidence; the question is the loss of earning capacity it causes for that claimant.
Can the Supreme Court raise an award the High Court already raised?
Yes. It partly allowed the appeal and enhanced the amount further.
Turning a disability certificate into a claim
- Get the certificate from the competent authority, with the percentage expressly recorded — it is the anchor of the claim.
- Argue loss of earning capacity as a separate step from the percentage, tied to the work the claimant actually did.
- Do not concede the income figure lightly; here it was settled below and never reopened.
- Ask for a deposit deadline. Six weeks was ordered.
Source. Supreme Court of India, 2026 INSC 655, [2026] 7 S.C.R. 366, CIVIL APPEAL/8708/2026, decided 22 June 2026 by Justice N. V. Anjaria, Justice Prashant Kumar Mishra. This explainer is written from the judgment text as reported.
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