Justice Sanjay Karol and Justice Aravind Kumar set aside the order of the High Court and the Motor vehicle Accident claim tribunal in respect to the motor vehicle accident and awarded a more enhanced compensation to the appellant I.e. Aabid Khan.
Aabid Khan I.e the appellant was self-employed as a mechanic and had work experience of over 30 years. He sustained injuries during the motor road accident in the year 2013 which had made him suffer from the disability The appellant was examined by Dr. Alok Mehta (PW-5).The doctor after the examination stated that the appellant had sustained 17% whole body disability during the accident.
The appellant approached the Motor Accident Claim Tribunal for compensation but the Tribunal on surmises and conjectures had reduced the percentage if whole body disability suffered from 17% to 10% which led to less compensation be given . There was no reason stated by the Tribunal in substituting their opinion with the expert opinion of Dr. Alok Mehta. The Tribunal gave the compensation of Rs 3,500 /- per month to the aggrieved person.
The appellant was dissatisfied with the order of the Motor Accident Claim Tribunal and appealed in the High Court of Madhya Pradesh against the award granted to him by the Tribunal. Unfortunately the High Court of Madhya Pradesh had ruled in the favour of the Tribunal thereby rendering the award of the Motor Accident Claim Tribunal to be fair and appropriate.
The appellant filed a special leave petition before the Supreme Court against the ruling of Motor Accident Claim Tribunal and High Court of Madhya Pradesh. The Supreme Court observed that there Validity of the insurance policy of the offender was valid on the date of accident and the High Court created an error by not considering the medical evidence which states that whole body disability suffered by the appellant was 17% and not 10% which was considered by the court along with the absence ID counter evidence on record available to justify the approach of the court or Tribunal to consider the disability to be 10%
Taking into the consideration all the facts, the Supreme Court had enhanced the compensation from 3,500/- to 6,500/- per month taking into the ground the loss of future income faced by the appellant due to the permanent disability caused in the road accident. The Supreme Court also enhanced 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 the same deserves to be enhanced and accordingly a lump sum compensation of Rs.1,00,000/- is awarded.
Therefore the Supreme Court enhanced the overall compensation granted by the High Court of Madhya Pradesh from Rs.1,27,700/- to Rs.2,42,120/ which will also include Rs.49,300/- for medical expenses.
It further ordered the Respondent No.3 i.e. the insurance company to pay the balance amount of compensation with interest at the rate of 7 % per annum as awarded by the Tribunal by depositing the same before the jurisdictional tribunal within 6 weeks from the date of this order.
Case Title: AABID KHAN VS DINESH AND ORS, SLP (Civil) No. 29227 OF 2019
Written by: Ayesha Hussain, College name : Surendranath Law College, 4th year, B.A .LL.B(HONS),Intern under Legal Vidhiya
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