Manoj Rathaur - Appellant Vs. Anil Raheja & Others - Respondents

Core ratio / Key holding

Headnote

Motor Vehicles Act, 1988 — Sections 166, 173(1) — Compensation — Permanent Functional Disability — Proof

Motor Vehicles Act, 1988 — Sections 166, 173(1) — Compensation — Enhanced Award — Supreme Court Powers

Issues for determination

• Whether the Appellant suffered permanent functional disability affecting his working capacity.
• Whether the Appellant is entitled to enhanced compensation for the injuries and consequential disability.

Ratio decidendi

• A medical certificate, coupled with the oral testimony of the operating doctor, is sufficient to establish permanent functional disability and its adverse effect on working capacity, especially when the lower courts' rejection of such evidence is not supported by counter-evidence.
• Where permanent functional disability and loss of earning capacity are established in an accident case, the Supreme Court may, to ensure the ends of justice, award a lump sum compensation covering loss of earning capacity, future medical expenses, loss of amenities, and loss of expectation of life, without remitting the matter for fresh disposal, especially when a significant period has elapsed since the accident.

Important points

• Held, medical evidence and doctor's testimony are sufficient to prove permanent functional disability and loss of working capacity.
• Declared, lower court's view on disability is unsustainable if not supported by counter-evidence.
• Awarded, lump sum compensation of Rs. 3,00,000 for loss of earning capacity, future medical expenses, loss of amenities, and loss of expectation of life.
• Directed, Respondent No. 3 to pay the balance amount of Rs. 2,81,200 within two months.