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Supreme Court of India 2024-04-09 allowed

AABID KHAN vs DINESH AND OTHERS

Bench: 2 — Sanjay Karol, Aravind Kumar

In Brief

A motorcyclist injured in a 2013 accident received compensation awards that the Supreme Court found inadequate. The Tribunal and High Court had wrongly rejected uncontradicted medical evidence showing 17% permanent disability, using 10% instead for calculations. The Court upheld that medical expert opinion must be accepted without contrary evidence. It revised the claimant's monthly income from Rs.3,500 to Rs.6,500 based on his 30 years' experience as a self-employed mechanic, and enhanced total compensation from Rs.1,27,700 to Rs.2,42,120, emphasizing that injury compensation must fairly account for physical disability, emotional trauma, and lost earning capacity.

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Motor Vehicles Act Compensation Personal Injury Permanent Disability Medical Evidence Insurance

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