VidhiSangh

Supreme Court of India · 09/04/2024

AABID KHAN versus DINESH AND OTHERS

[2024] 4 S.C.R. 264 · 2024 INSC 291

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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

  1. Whether the reduced disability assessment and assumed income justified the compensation awarded.
  2. What enhanced compensation and payment directions were appropriate.

Provisions considered

Held

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.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 264.