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.
Facts and Issues:
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.
Court’s Assessment:
Assessment of Permanent Disability:
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.
Income Assessment:
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.
Overall Compensation:
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.
Decision:
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: 9th April 2024
Aabid Khan vs. Dinesh and Others
