Summary
The Supreme Court restored the Motor Accident Claims Tribunal's assessment of the injured pillion rider's disability at 25%, holding that the High Court had cut it to 20% without any plausible reason, although the disability certificate assessed 50% permanent disablement and the issuing doctor had been examined.
Issues
- Whether the High Court was right in reducing the claimant's disability from 25%, as fixed by the Tribunal, to 20% while determining compensation.
Held
- Where the medical records showed fractures of both forearms treated surgically with plates and screws, the disability certificate assessed 50% permanent disablement, and the doctor who issued it was examined as a witness, the Tribunal's conservative fixation of disability at 25% was supported by the evidence; the High Court's reduction to 20% had no basis and no plausible reason was given for it, so it could not stand. (¶¶ 9, 10)
Result
Appeal allowed; High Court judgment set aside and the Tribunal's award fixing disability at 25% restored; the insurer to deposit the full compensation with interest as determined by the Tribunal, after adjusting amounts already deposited, within four weeks, and the appellant permitted to withdraw it.