Aabid Khan vs Dinesh 2024 INSC 291 :: [2024] 4 S.C.R. 264 – Motor Accident Compensation

Motor Accident Compensation – 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 has been reduced. No reason whatsoever has been assigned by the tribunal for substituting its opinion to that of the expert opinion namely, the doctor who treated the claimant and examined-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 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%.

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