The Supreme Court of India in a recent judgment emphasized the critical role of medical evidence in determining just compensation for victims of road accidents. The case in question involved an appeal against an order by the High Court of Madhya Pradesh, Bench at Indore, regarding the compensation awarded to a motor accident victim, Aabid Khan, who sustained injuries on April 23, 2013.

At the core of the Supreme Court's decision was the principle that medical evidence provided by qualified doctors should not be dismissed lightly. Justices Sanjay Karol and Aravind Kumar underscored that tribunals should not substitute their opinions for expert medical assessments without valid reasons.

The tribunal and the High Court had initially computed the claimant's whole-body disability at 10%, contrary to the doctor's assessment of 17%. This discrepancy prompted the Supreme Court to intervene, highlighting that without substantial evidence to the contrary, such deviations from medical opinions are unjustifiable.

Citing legal precedents such as 'Raj Kumar Vs Ajay Kumar' (2011) and 'Sidram Vs Divisional Manager, United India Insurance Co Ltd and Another' (2023), the Supreme Court reiterated the tribunal's duty to actively seek and uphold the truth, especially concerning the extent of permanent disability in motor accident cases.

In addition to the disability assessment, the court also addressed the issue of fair compensation for loss of income. It noted that the claimant, a skilled mechanic with over 30 years of experience, was earning substantially more than what was initially computed by the tribunal and the High Court. By revising the monthly income figure from Rs 3,500 to Rs 6,500, the court ensured a more realistic reflection of the claimant's earning capacity.

Furthermore, the court enhanced compensation under various heads such as attendant charges, pain and suffering, and transportation, which were deemed to be inadequately assessed initially.

As a result of these considerations, the total compensation awarded by the High Court was revised upwards from Rs 1,27,700 to Rs 2,42,120. The Supreme Court's directive to the Insurance Company to pay the balance amount with interest within a specified timeline underscores the urgency and importance of ensuring timely and fair compensation to accident victims.

Case:  AABID KHAN vs. DINESH AND OTHERS,

CIVIL APPEAL NO. of 2024 (@ SPECIAL LEAVE PETITION (CIVIL) NO. 29227 OF 2019).

Click here to read/download judgment.