Gujarat High Court has ruled that the Motor Accident Claims Tribunal (MACT) must evaluate functional disability and cannot rely solely on a physical disability certificate. Justice J C Doshi, while increasing the compensation for a minor who suffered paraplegia (paralysis of the lower limbs) due to a severe accident, emphasised that the tribunal must assess the impact of disability on the victim’s potential income and earning capacity rather than just relying on medical certification.

The court ruled that the tribunal is responsible for conducting a thorough evaluation of functional disability and cannot base its decision solely on a doctor’s certificate.

The court further noted that the minor suffered paraplegia due to the accident. Referring to relevant Supreme Court judgments, the court reiterated that evaluating functional disability is mandatory for the tribunal.

The court observed that the tribunal failed to recognise the full impact of upper-body paralysis, which has left the child incapable of leading a normal life.

Due to the severity of the accident, the 5-year-old victim’s life was permanently altered, causing immense suffering. The court emphasised that the child suffered 50% physical disability, but 100% functional disability, making him completely incapable of working in the future. The tribunal’s decision to consider only 50% disability for income loss assessment was incorrect, requiring modification of its conclusions.

The High Court revised the tribunal’s initial order and increased the compensation to ₹13,09,240, instructing the insurance company to deposit the amount within six weeks with 9% annual interest.

The case dates back to a 2002 accident, in which the victim’s father died, and the 5-year-old child suffered severe head and bodily injuries, leading to paraplegia. The victim initially claimed ₹15 lakh in compensation from the Motor Accident Claims Tribunal, but the tribunal only awarded ₹2.25 lakh. Dissatisfied with the decision, the minor, through his guardian, appealed to the Gujarat High Court, which ruled in his favour.