Tribunal and High Court Committed Serious Error in Not Accepting Medical Evidence for Disability Assessment: Supreme Court in AABID KHAN v. DINESH AND OTHERS

The Supreme Court of India, in a landmark judgment, addressed the crucial issue of appropriate compensation in a motor vehicle accident case, emphasizing the need for accurate assessment of permanent disability under the Motor Vehicles Act, 1988.

This case involves Aabid Khan, who was grievously injured in a road accident, leading to a 17% disability. The primary issue was the Tribunal’s reduction of this percentage to 10% without sufficient reasoning, thereby impacting the compensation awarded.

The Court observed, “…the tribunal and the High Court committed a serious error in not accepting the said medical evidence…” Reinstating the disability at 17% was crucial for fair compensation.

Regarding the appellant’s income, the Court remarked, “Resultantly his income has to be construed at Rs.6,500/- per month…” correcting the earlier underestimation.

The compensation for loss of future income, along with other factors like attendant charges and suffering, was increased from Rs.1,27,700 to Rs.1,92,820.

The Supreme Court allowed the appeal, enhancing the compensation and instructing the insurance company for payment, reflecting the Court’s commitment to ensuring just compensation in accident cases.

Date of Decision: 9^th April 2024

Aabid Khan vs. Dinesh and Others