25_Kol_SL_Srishti Lakhotia Calcutta HC increases compensation to an accident victim
Times of India | 6 September 2026
Status: Not Approved
HEAD: 25_Kol_SL_Srishti Lakhotia Calcutta HC increases compensation to an accident victim
Byline: Srishti Lakhotia
Srishti Lakhotia
Kolkata: In case of permanent disability, compensation needs to be given not just considering loss of earnings but also “future medical expenses and purchase of an artificial limb”, the Calcutta High Court on Tuesday held, increasing compensation from Rs 3,55,000 to Rs 6,00,000 for a man who got his right leg amputated above the knee after being hit by a speeding truck at Raiganj.
Justice Biswaroop Chowdhury held that damages do not only mean monetary loss but also disruption of normal functioning. “All parts of the body are necessary for normal functioning; thus, when a particular portion of the body is amputated, normal body movement is affected. The right to a healthy body, the right to move and work freely and smoothly with the essential parts of the body, is a basic right.”
It was further observed that a person in their workplace has a reasonable expectation to work sincerely and comfortably, without any pain in their body, and to fully utilise body parts without obstruction, thereby gaining reputation in the workplace through performance.
In this case, Sudip Ranjan Dey is a court employee. Even though he did not lose his employment due to the disability, Justice Chowdhury held that he is entitled to get more compensation than what the Raiganj court awarded, considering his future expenses and the cost of an artificial leg.
“While considering loss of earnings by a person in any establishment or organisation, a narrow pedantic view should not be taken by only considering that there is no loss of employment, but a broad pragmatic view has to be taken by considering future performance and reputation in the workplace. Further, when there is permanent disability, future medical expenses and subsequent purchase of an artificial limb cannot be ruled out,” the Judge held.
Dey underwent amputation of his right leg above the knee after being hit by a speeding truck on September 13, 2009, while waiting for a rickshaw at Siliguri More, Raiganj. The truck, from the Siliguri side, hit him, resulting in severe injuries. At the time, he was 45 years old with a salary of Rs 7,160.
He moved Justice Chowdhury’s bench challenging the trial court’s order awarding him compensation of Rs 3,55,000. His contention was that the “meagre” compensation did not take into account the cost of an artificial limb and future medical expenses. His counsel submitted that future travel costs were also not taken into account. The main stand taken by the insurance company was that the claimant did not suffer any financial loss as he is still in service.