In the Supreme Court of India, Civil Appeal No. [Number] of 2024, Aabid Khan (Appellant) vs. Dinesh and Others (Respondent[s]), Justice Aravind Kumar delivered the judgment.

The appeal challenges an order passed by the High Court of Madhya Pradesh, Bench at Indore, enhancing compensation awarded by the Motor Accidents Claims Tribunal. The tribunal’s award of Rs.87,700/- with 7% interest was increased to Rs.1,27,700/-. The appellant argues that the enhanced compensation is still insufficient.

The accident occurred on 23.04.2013, resulting in injuries to the appellant, whose disability was assessed by Dr. Alok Mehta at 17%. However, the tribunal reduced it to 10% without providing any reasons. The Supreme Court cited previous cases emphasizing the need for fair compensation, particularly for permanent disabilities, pain, and suffering.

Considering the medical evidence and the appellant’s occupation as a mechanic with over 30 years of experience, the Court concluded that the disability percentage should be maintained at 17% and the appellant’s monthly income should be increased to Rs.6,500/-. Consequently, the compensation for loss of future income was enhanced to Rs.92,820/-.

Additionally, compensation for medical expenses, transportation, attendant charges, and pain and suffering was deemed inadequate and increased to a lump sum of Rs.1,00,000/-.

The total enhanced compensation awarded amounts to Rs.2,42,120/-. The Insurance Company (Respondent No. 3) is directed to deposit the balance amount with interest @ 7% P.A. before the jurisdictional tribunal within six weeks.

The appeal is allowed, and no costs are imposed.

Aabid Khan (Appellant) vs. Dinesh and Others (Respondent[s]) decided by the Supreme Court on 09.04.24

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.