Top Court enhances compensation in motor accident case where both Tribunal & HC substituted disability to 10% as against doctor’s opinion certifying it at 17%
Justices Sanjay Karol & Aravind Kumar [10-04-2024]

Read Order: AABID KHAN v. DINESH AND OTHERS [SC- CIVIL APPEAL NO. 4828 of 2024]

LE Correspondent

New Delhi, April 15, 2024: While observing that no reason had been assigned by the Motor Accidents Claims Tribunal for substituting its opinion to that of the doctor who treated the claimant, the Supreme Court has enhanced the motor accident compensation from Rs 1.27 lakh to Rs 2.42 lakh along with interest.

The Division Bench of Justice Sanjay Karol and Justice Aravind Kumar was considering a challenge to the order of the Madhya Pradesh High Court whereunder the compensation awarded by the Motor Accidents Claims Tribunal was enhanced from a sum of Rs 87,700 to Rs 1,27,700 with same interest contending inter-alia that compensation so awarded by the High Court was on the lower side and same had to be enhanced.

The occurrence of the accident, injuries sustained by the appellant/ claimant in the road accident that took place on 23.04.2013, consequential disability sustained, issuance of insurance policy to the offending vehicle and policy being in force on the date of accident were are all undisputed facts. 

After a perusal of the award passed by the tribunal as modified by the High Court revealed that the claimant had sustained compound fracture in the left acetabulum and left rib. The Doctor had deposed that the whole body disability suffered by the claimant was to the extent of 17% and this fact had been elicited in the cross-examination. However, the tribunal computed the compensation towards loss of future income by considering the whole body disability at 10%. 

On surmises and conjectures the percentage of disability had been reduced. No reason was assigned by the tribunal for substituting its opinion to that of the expert opinion, namely, the doctor who treated the claimant and examined as PW-5.

The Bench was of the view that the tribunal and the High Court committed a serious error in not accepting the said medical evidence 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 (PW-5) certified at 17%. 

“In that view of the matter the compensation awarded under the head loss of income towards permanent disability deserves to be enhanced by construing the whole body disability at 17%”, the Bench said.

The monthly income of the claimant which had been construed as Rs 3,500 was held to be on the lower side particularly in the background of the fact that the accident in question having occurred on 23.04.2013 and the evidence on record disclosing that claimant was self-employed as a mechanic and had work experience of over 30 years. As per the Bench, his income had to be construed at Rs.6,500 per month in substitution to Rs 3,500 computed by the Tribunal and the High Court. Thus, the claimant/appellant was held to be entitled for enhanced compensation of Rs.92,820 towards loss of future income.

“We are also of the considered view that compensation awarded by the Tribunal under the heads of Attendant charges, pain and suffering, transportation together in a sum of Rs.9,000 being abysmally on the lower side and same deserves to be enhanced and accordingly a lump sum compensation of Rs.1,00,000/- is awarded under these three (3) heads”, it added.

Thus, allowing the appeal, the Bench enhanced the compensation amount to Rs 2,42,120 and also asked the Respondent-Insurance Company to pay the balance amount of compensation with interest @ 7% P.A. as awarded by the Tribunal by depositing the same before the jurisdictional tribunal within 6 weeks.