Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident

The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. In other words, if the medical evidence is clinching on the aspect that a person who is a minor child cannot straighten her one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless so far as the person's ability to work and earn livelihood is concerned. Insurance Company resisted fixing functional disability to 100% Advocate MY Katagi for New India Assurance argued that in Kajal v. Jagdish Chand and others, 4 SCC 413, the Supreme Court fixed functional disability at 100% since in that case the minor child was completely reduced to vegetable stage. If the claimant, as the evidence shows, cannot use one of the lower limbs, as a human requires to use it, and one of the upper limbs has completely become non-functional, it is harsh and inhuman to hold that he/she is functional to some extent and in terms of his earning capacity in the labour market he would have some demand."