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The Official Law Report Fortnightly ISSN: 3048-4839 (Online)
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AABID KHAN vs. DINESH AND OTHERS

SCR Citation: [2024] 4 S.C.R. 264
Year/Volume: 2024/ Volume 4
Date of Judgment: 09 April 2024
Petitioner: AABID KHAN
Disposal Nature: Appeal Allowed
Neutral Citation: 2024 INSC 291
Judgment Delivered by: Hon'ble Mr. Justice Aravind Kumar
Respondent: DINESH AND OTHERS
Case Type: CIVIL APPEAL /4828/2024
Order/Judgment: Judgment
1. Headnote

Motor Vehicles Act, 1986 – Compensation – Enhancement – Road accident resulting in injuries to the claimant, a self employed mechanic with 30 years work experience – Doctors report that claimant suffered whole body disability to the extent of 17% – Tribunal computed the compensation towards loss of future income as Rs.87,700/- with interest @ 7% p.a. reducing the whole body disability at 10% on surmises and conjectures – High Court enhanced the compensation awarded to Rs.1,27,700/- with same interest – Correctness: 

Held: Tribunal and the High Court committed a serious error in not accepting the medical evidence tendered by the claimant 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 certified at 17% – Compensation awarded under the head ‘loss of income’ towards permanent disability to be enhanced by construing the whole body disability at 17% – Compensation enhanced to Rs. Rs. 2,42,120/- – Insurance Company to pay the balance amount of compensation with interest @ 7% p.a. [Paras 10-14]

2. Case referred
3. Act
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4. Keyword
  • Compensation
  • Whole body disability
  • Loss of future income
  • Loss of income towards permanent disability