Ashok Choubey v. Dashrath Kewat - Motor Accident Compensation - Functional Disability Computation - Physiotherapy Duration
Motor Accident Compensation - The computation of functional disability does not share its characteristics with the computation of permanent disability which is the estimation to be made upon examination of the patient by a doctor or by a duly constituted medical board. When it comes to the former what is to be considered is the extent to which the chosen profession/vocation of the injured person, has been affected. This, of course, depends on the facts and circumstances of each case. (Para 7) - Duration of physiotherapy to be undergone and its effectiveness are subjective, dependent on each individual patient. No rule of absolute certainty can be laid down so as to say that all expenses incurred on physiotherapy, however long it may be, has to be paid.(Para 9)
Case Info
Case Name and Neutral Citation
- Case Name: Ashok Choubey v. Dashrath Kewat & Ors.
- Neutral Citation: Civil Appeal No. 10839 of 2025 (Arising out of SLP(C) No. 4701 of 2025), Supreme Court of India
Coram (Judges)
- Justice Sanjay Karol
- Justice Sandeep Mehta
Judgment Date
- Date: 19th August, 2025
Caselaws and Citations Referred
- Raj Kumar v. Ajay Kumar(2011) 1 SCC 343
- Arvind Kumar Mishra v. New India Assurance Co. Ltd.(2010) 10 SCC 254
- Yadava Kumar v. National Insurance Co. Ltd.(2010) 10 SCC 341
- National Insurance Co. Ltd. v. Pranay Sethi(2017) 16 SCC 680
- Sidram v. Divisional Manager, United India Insurance Ltd.(2023) 3 SCC 439
- T.J. Parameshwarappa v. New India Assurance Co. Ltd.(2022) 17 SCC 51
Statutes/Laws Referred
- Motor Vehicles Act, 1988
- Section 166 (Claim petition for compensation)