The Supreme Court held on 18 October that a person who needs a lifelong attendant because of an accident must be treated as one hundred percent functionally disabled under the Motor Vehicles Act. The ruling corrects a gap that has left many seriously injured claimants under-compensated for years.
Motor accident compensation law works on percentages. A claimant's permanent disability is assessed by a medical examiner, who gives a figure: thirty percent, sixty percent, eighty percent. That figure feeds into the compensation calculation. The problem is that permanent disability as assessed medically and functional disability as experienced by a person are not the same thing. A person who cannot be left alone, who requires a paid attendant at all times for basic daily functions, is in practical terms completely disabled, regardless of what percentage appears on the certificate.
The Supreme Court's October ruling addresses this directly. Where a claimant requires a lifelong attendant as a result of the accident, that person must be treated as one hundred percent functionally disabled for computing compensation, even if the formal medical assessment is lower.
What This Means in Practice
Two immediate effects. First, the base compensation figure rises for claimants who meet this criterion, because the percentage used is now aligned with functional reality. Second, the attendant requirement itself is a compensable consequence: the cost of providing care for life is a real loss that the compensation must cover.
Who This Affects
The ruling is relevant for any claimant in a motor accident claim who suffers a severe injury leaving them dependent on continuous care: spinal injuries resulting in paralysis, severe traumatic brain injuries, and conditions where the claimant can survive but cannot manage daily activities without assistance. If the claimant requires an attendant, the October ruling strengthens the argument for assessing compensation at full functional disability. The relevant question is not only the percentage on the medical certificate, but what the injury has actually done to the person's capacity to function independently.
Motor accident tribunal proceedings can involve claims of enormous practical consequence for families affected. A person who will need twenty years of paid attendant care requires a compensation figure that reflects that reality, and the Supreme Court has now said clearly that this is what the law requires.