Motor Vehicles Act, 1988 – Motor accident – Compensation – Reduction of the percentage of disability suffered in a motor accident by the claimant-pillion rider on a motorcycle from 25% as fixed by the tribunal to 20% by the High Court and re-assessed the compensation – Correctness:
Held: Pillion rider underwent a surgery in which, plates and screws were implanted in his hands – As per disability certificate issued by the doctor, the pillion rider suffered 50% permanent disablement and the said doctor was also examined as prosecution witness – Considering the oral and documentary evidence, the tribunal took the disability of the pillion rider only at 25% and determined the compensation payable to him – Without assigning plausible reason, the High Court re-assessed the compensation by reducing the disability suffered by the pillion rider to 20% – Reduction of compensation was not required, when there was no basis in support thereof – Thus, the judgment passed by the High Court set aside and that of the tribunal fixing the disability of the pillion rider at 25% restored. [Paras 10, 11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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