AABID KHAN versus DINESH AND OTHERS

AABID KHAN versus DINESH AND OTHERS

In absence of any contra evidence, the tribunal and the High Court erred in reducing the treating doctor's certified whole body disability from 17% to 10%; whole body disability must be construed at 17%, monthly income of claimant assessed at Rs.6,500 per month, and total compensation enhanced to Rs.2,42,120, with the insurance company directed to pay the balance with interest @7% p.a. within six weeks.

Parties
Appellant: Aabid Khan; Respondent: Dinesh and Others
Jurisdiction
India
Judgment Date
09 April 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Enhancement of Compensation, Loss of Future Income, Permanent Disability, Whole Body Disability, Medical Evidence
Motor Vehicles Act, 1986 Personal Injury Compensation Enhancement of Compensation Loss of Future Income Permanent Disability Whole Body Disability Medical Evidence

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Parties

Aabid Khan

Appellant

Dinesh and Others

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant/claimant is entitled to enhancement of compensation and if so to what amount
  2. 2 Whether the tribunal and the High Court erred in substituting the treating doctor's certified whole body disability of 17% with 10% without any contra evidence or reasons

Ratio Decidendi

In absence of any contra evidence, the tribunal and the High Court erred in reducing the treating doctor's certified whole body disability from 17% to 10%; whole body disability must be construed at 17%, monthly income of claimant assessed at Rs.6,500 per month, and total compensation enhanced to Rs.2,42,120, with the insurance company directed to pay the balance with interest @7% p.a. within six weeks.

Court Disposition

Appeal allowed

Orders

  • Substituted award: total compensation enhanced to Rs.2,42,120 comprising: Loss of future income due to permanent disability Rs.92,820; Medical expenses Rs.49,300; Transportation, Attendant Charges, Pain and Suffering lump sum Rs.1,00,000.
  • Respondent No.3-Insurance Company to pay the balance amount of compensation with interest @ 7% p.a. by depositing the same before the jurisdictional tribunal within 6 weeks from date of this order.