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]