Injury case – Whole body disability -- Orthopaedic Surgeon, deposed that the appellant had suffered nine injuries, of which seven were grievous in nature and she had to undergo two surgeries which left her disabled from doing house work and unable to walk without the aid of crutches -- Her whole body disability was medically assessed at 32% -- Tribunal, by hairsplitting the expert evidence assessed the whole body disability at 15% -- High Court for inexplicable reasons opined that it would be reasonable to determine the whole body disability at 20% -- Held, appellant is entitled to loss of future earning on basis of the whole body disability of 32% as opined.

(SC) Decided on: 16.06.2020

Cause of death -- Doctor’s evidence -- Accident took place on 21.5.2010 and injured got admitted in hospital on 21.6.2010 – Doctor stated that it was a known case of chronic heart disease and alcoholic liver disease and deceased died a natural death and has no relation with the alleged accidental injuries – Held, courts are no experts for determining cause of death -- If court make inference about the cause of death as due to an accident, it invariably look to the fact of accident and the proximate cause for the death and wherever postmortem is done, the report of the Doctor regarding the cause of death – It will be wholly wrong for a Tribunal to discard Doctor's evidence and enter a pure realm of conjecture to determine cause for death – Award passed in favour of claimant is result of misplaced sympathy – Award is set aside.

(P&H HC) Decided on: 15.03.2016