Background
On 10 April 2011, a motorcycle carrying Sushant Prabhakaran (driver) and Priyanka Das (pillion rider) was hit by a truck near Brijghat Bridge. Sushant died on the spot. Priyanka sustained catastrophic injuries, including:
- Traumatic bilateral cortical blindness (100% visual disability)
- Pelvic fractures and severe degloving injuries
- Permanent colostomy (stoma for life)
She was 35 years old and working as Deputy Group Manager with IBM Daksh (now Concentrix) at the time of the accident. She claimed compensation for both the death of Sushant (asserting she was his wife) and her own injuries.
Key Holdings
1. On the Death Claim (Sushant Prabhakaran)
- The Tribunal and High Court correctly applied the multiplier of 16 based on the deceased’s age (33 years), not the age of the dependents (settled in Munna Lal Jain, Sube Singh and Sarla Verma / Pranay Sethi).
- Priyanka Das was not accepted as the legally wedded wife (no documentary proof of marriage). She was treated as a fiancée and awarded a modest share. The parents received the major portion of the dependency compensation.
- Insurer’s appeals on negligence and quantum were dismissed.
2. On Priyanka Das’s Injury Claim (Main Focus) The Supreme Court directed a fresh multi-disciplinary Medical Board examination (Safdarjung Hospital). The Board certified 100% Permanent Physical Impairment of the whole body.
Rejecting the insurer’s argument that continued employment (with special software and accommodations) meant lower functional disability, the Court held:
- Functional disability must be assessed with reference to the open competitive labour market, not retention in a highly accommodated private-sector role.
- Career progression had been severely affected (only four promotions in 15 years).
- The High Court’s assessment of 80% functional disability was enhanced to 100%.
Revised Compensation Awarded
The Court substantially enhanced the award to ₹3,77,84,297 (plus 7.5% interest from the date of the claim petition), including:
| Head | Amount (₹) |
|---|---|
| Loss of Future Earning Capacity (100% + 50% future prospects × 16) | 2,42,08,416 |
| Medical Bills | 35,48,798 |
| Attendant Charges (3 attendants, 24×7) | 28,80,000 |
| Loss of Income during Treatment (19 months) | 15,97,083 |
| Future Medical Expenses | 15,00,000 |
| Pain, Suffering & Mental Agony | 15,00,000 |
| Loss of Marriage Prospects | 20,00,000 |
| Special Diet + Amenities + Transport | 5,50,000 |
| Total | 3,77,84,297 |
Significance
- Reaffirms that continued employment with employer accommodations does not negate high functional disability when the victim cannot compete in the open market.
- Emphasises just compensation for catastrophic injuries involving permanent blindness and lifelong medical needs.
- Confirms the settled multiplier principle based on the deceased’s age even when parents are the primary claimants.
CASE DETAILS:
- Case Title: Reliance General Insurance Co. Ltd. v. Priyanka Das & Ors. (connected appeals)
- Citation: 2026 INSC 950
- Bench: Justices S.V.N. Bhatti & N.V. Anjaria
- Date: 03 September 2026
Click HERE for full Judgment
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