Supreme Court Raises Compensation in Motor Accident Case Due to Medical Evidence Discrepancy
Supreme Court raises compensation in Aabid Khan vs. Dinesh case, citing reliance on medical evidence. Tribunal's 10% disability assessment critiqued; doctor's 17% assessment led to Rs 2,42,120 compensation.
The Supreme Court has emphasized the significance of medical evidence in determining motor accident claims, asserting that such evidence should not be disregarded based on mere assumptions. Justices Sanjay Karol and Aravind Kumar, presiding over the case, criticized the tribunal for its handling of the compensation computation.
"Increasing the motor accident claim requires a thorough consideration of medical evidence. The tribunal's decision to calculate compensation based on a 10% whole body disability lacks sufficient reasoning," remarked the bench.
The Court further stated, "The compensation for permanent disability should reflect the expert opinion of the treating doctor. In this case, disregarding the doctor's assessment of 17% disability is a serious error."
An appeal was lodged against the decision of the High Court of Madhya Pradesh, Bench at Indore, seeking an increase in the awarded compensation. The accident, occurring on April 23, 2013, resulted in injuries to the appellant, Aabid Khan, including a compound fracture in the left acetabulum and left rib.
Dr. Alok Mehta's evaluation revealed a 17% whole body disability, a fact confirmed during cross-examination. The Court referenced previous judgments to underscore the tribunal's duty to thoroughly assess medical evidence and determine just compensation.
The Court also considered the appellant's occupation and work experience, adjusting the compensation amount accordingly. Additionally, it noted that certain components of the awarded compensation were disproportionately low and required enhancement.
Ultimately, the Court increased the total compensation awarded by the High Court from Rs 1,27,700 to Rs 2,42,120. It directed the Insurance Company to pay the balance amount with interest at the rate of 7% per annum to the jurisdictional tribunal within six weeks.
