Summary
The Supreme Court fixed accident compensation at Rs.9,10,000 after finding the High Court’s reduction unreasoned and the Tribunal’s computation internally inconsistent. Medical evidence established temporary disability likely to improve, not permanent disability warranting the award made below. Using the supported income figures, the Court allowed Rs.5 lakh for lost income, Rs.2 lakh for trauma, pain and suffering and the accepted medical expenses, rounding the total. Interest was fixed at 9% per annum from the petition date.
Issues
- Whether the unreasoned High Court reduction and Tribunal’s contradictory income calculation could stand.
- Whether permanent disability had been proved and what compensation the temporary disability justified.
Held
- An appellate reduction of compensation must disclose consideration of the evidence and relevant circumstances. The High Court’s brief assertion that a lower amount served justice was not a reasoned determination. Although remand would ordinarily follow, the Court decided the merits to avoid further delay after the 2009 accident. (¶¶ 1, 2)
- The Tribunal inconsistently moved from average annual income of Rs.1,45,231 based on tax returns to higher figures without a sound basis. The Court used Rs.1,45,231 and 55% disability, yielding annual lost earnings of Rs.79,877. (¶¶ 4, 7)
- The doctor admitted altering the certificate’s mistaken permanent-disability indication and testified that the disability was temporary and likely to improve. Permanent disability was not established, so the Tribunal’s Rs.20,75,700 earnings award lacked foundation. Temporary disability still warranted compensation for lost income, medical treatment and pain and suffering. (¶¶ 8, 9, 10, 11, 12)
- On the evidence, the Court awarded Rs.5 lakh for income loss, Rs.2 lakh for trauma, pain and suffering and Rs.2,09,622 medical expenses, fixing a rounded total of Rs.9,10,000. Interest ran at 9% annually from the petition date. The insurer was to deposit the amount with interest within twelve weeks for disbursement on identification. (¶¶ 12, 13)
Result
High Court judgment set aside; both appeals disposed of without costs. Compensation fixed at Rs.9,10,000 plus 9% annual interest from the petition date, with insurer deposit within twelve weeks and disbursement on proper identification.