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Civil · Reportable judgment

Aabid Khan vs Dinesh and Others

Court
Supreme Court of India
Date
9 April 2024
Case No.
Civil Appeal No. 4828 of 2024
Result
Allowed
Bench
Sanjay Karol, Aravind Kumar
Citation
[2024] 4 S.C.R. 264 : 2024 INSC 291
Supreme Court Reports [2024] 4 S.C.R. 264 : 2024 INSC 291
Issue for consideration
Matter pertains to entitlement of the claimant for enhanced compensation.
Headnote

Motor Vehicles Act, 1986 – Compensation – Enhancement – Road accident resulting in injuries to the claimant, a selfemployed mechanic with 30 years work experience – Doctors report that claimant suffered whole body disability to the extent of 17% – Tribunal computed the compensation towards loss of future income as Rs.87,700/- with interest @ 7% p.a. reducing the whole body disability at 10% on surmises and conjectures – High Court enhanced the compensation awarded to Rs.1,27,700/- with same interest – Correctness: Held: Tribunal and the High Court committed a serious error in not accepting the medical evidence tendered by the claimant and in the absence of any contra evidence available on record, neither the tribunal nor the High Court could have substituted the disability to 10% as against the opinion of the doctor certified at 17% – Compensation awarded under the head ‘loss of income’ towards permanent disability to be enhanced by construing the whole body disability at 17% – Compensation enhanced to Rs. Rs. 2,42,120/- – Insurance Company to pay the balance amount of compensation with interest @ 7% p.a. [Paras 10-14]

Keywords: Compensation · Whole body disability · Loss of future income · Loss of income’ towards permanent disability

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Aravind Kumar, J. 1. Leave granted. 2. We have heard learned advocates appearing for the parties and perused the records. 3. Challenge is laid in this appeal to the order dated 21.01.2019 passed in MA No.1614 of 2018 by the High Court of Madhya Pradesh, Bench at Indore whereunder the compensation awarded by the Motor Accidents Claims Tribunal (hereinafter referred to as ‘tribunal’) by award dated 04.12.2017 in a sum of Rs.87,700/- with interest @ 7% p.a. came to be enhanced to Rs.1,27,700/- with same interest contending inter-alia that compensation so awarded by the High Court is
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