Reliance General Insurance Company Limited Vs Priyanka Das And Others (Supreme Court)
A Compassionate Employer Cannot Become the Insurer’s Discount Coupon: Supreme Court Treats Blind, Colostomy-Dependent Employee as 100% Functionally Disabled & Enhances Compensation to ₹3.78 Crore
The Supreme Court has held that continued employment in a specially accommodated position does not erase the devastating effect of 100% permanent physical impairment upon a motor-accident victim’s earning capacity in the open labour market. Where the claimant could work only through specialised software, flexible working hours & extraordinary support provided by a compassionate employer, her functional disability could not be reduced merely because her salary continued or increased. The Court enhanced the compensation from ₹2.95 crore to ₹3.78 crore, together with interest at 7.5% per annum.
A devastating accident
On 10.04.2011, Priyanka Das was travelling as a pillion rider on a motorcycle driven by Sushant Prabhakaran. A heavy goods vehicle hit the motorcycle near Brijghat Bridge. Sushant fell beneath the truck & died instantaneously, while Priyanka sustained grievous injuries to several vital parts of her body.
She suffered pelvic fractures, extensive injuries to the perineal region, third-degree friction burns, permanent loss of vision & severe damage to her large intestine. Multiple surgeries failed to restore intestinal continuity, leaving her dependent upon a permanent colostomy stoma for life.
