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april 2024

Supreme Court of India · 2024-04-09

Aabid Khan vs Dinesh

Court
Supreme Court of India
Petitioner
Aabid Khan
Respondent
Dinesh
Author
Aravind Kumar
Bench
Aravind Kumar, Sanjay Karol

Judgment text excerpt

The Supreme Court held that the Motor Accidents Claims Tribunal must actively assess medical evidence regarding injuries and permanent disability when determining compensation under Sections 168 and 169 of the Motor Vehicles Act, 1988. The Court found that the tribunal had improperly reduced the claimant's disability percentage from 17% to 10% without justification, leading to an inadequate compensation award. Consequently, the Court enhanced the compensation amount awarded to the claimant from Rs. 1,27,700 to a higher sum, emphasizing the need for accurate assessment of disability in personal injury cases.

Aabid Khan vs Dinesh · Niyam