Summary
The Tribunal could not reduce medically established whole-body disability from 17% to 10% on conjecture without reasons or contrary evidence. For the injured self-employed mechanic with over thirty years’ experience, monthly income was reassessed at Rs.6,500. Applying 17% disability and enhancing attendant, transport and pain-and-suffering compensation, the Court increased the total award to Rs.2,42,120. The insurer must deposit the balance with the awarded 7% annual interest within six weeks.
Issues
- Whether the reduced disability assessment and assumed income justified the compensation awarded.
- What enhanced compensation and payment directions were appropriate.
Provisions considered
- Sections 168 and 169, Motor Vehicles Act, 1988The Tribunal must actively ascertain injury, disability and just compensation; medical evidence could not be replaced by an unexplained conjectural assessment here. (¶¶ 6, 7, 8, 9, 10)
Held
- The treating doctor assessed 17% whole-body disability, including in cross-examination. Without contrary evidence or a reason for departing from that opinion, the Tribunal and High Court erred in using 10%; the loss-of-future-income calculation had to use 17% on this record. (¶¶ 6, 7, 10)
- Just compensation accounts for treatment, lost earning, pain, trauma and diminished amenities and autonomy. Tribunals have an active inquiry role in assessing physical and functional disability rather than acting as passive umpires. (¶¶ 7, 8, 9)
- Given the 2013 accident and evidence of self-employment as a mechanic with over thirty years’ experience, Rs.3,500 monthly income was too low. Using Rs.6,500, multiplier seven and 17% disability produced Rs.92,820 loss of future income. (¶ 11)
- The combined Rs.9,000 for attendant charges, transport and pain and suffering was inadequate and replaced by Rs.1 lakh. Together with Rs.49,300 medical expenses and Rs.92,820 future-income loss, the total award became Rs.2,42,120 in substitution for Rs.1,27,700. (¶¶ 12, 13)
- The insurer must deposit the balance compensation before the jurisdictional Tribunal within six weeks with 7% per annum interest as awarded by the Tribunal. The appeal was allowed without costs. (¶¶ 14, 15)
Result
Appeal allowed; total compensation enhanced to Rs.2,42,120. Insurer to deposit the balance with the Tribunal-awarded 7% annual interest within six weeks; no costs.