Summary
The High Court rejected a tractor-accident claim by preferring the initial FIR’s account that the claimant rode on the mudguard. The Supreme Court restored the Tribunal’s finding, supported by sworn eyewitness evidence and the insurer’s failure to produce its investigation materials, that the tractor fell on the claimant. Compensation for permanent paraplegia was enhanced.
Issues
- Whether the initial FIR justified reversal of the Tribunal’s finding on the manner of accident and insurance liability.
- What enhancement was warranted for the claimant’s complete disability.
Held
- The Tribunal had evaluated the inconsistent accounts and accepted the claimant’s testimony corroborated by an eyewitness. The insurer produced neither its maintained accident file nor its investigator’s report and examined no independent eyewitness. Reversal based purely on the FIR disregarded material evidence and was manifestly erroneous. (¶ 8)
- The medical evidence established permanent paraplegia and100percent disability. The Court took monthly income atRs4,000 and increased future medical expenses toRs1,20,000; its operative direction enhanced the Tribunal’sRs8,66,000 award byRs2,70,000. (¶ 9)
Result
Appeal allowed without costs. Tribunal’s finding restored; compensation enhanced byRs2,70,000 with7percent annual interest from the claim petition until realization. Insurer to deposit the compensation or balance within12weeks for release after verification.