Fractured Ribs Or Treated Hip Dislocation Alone Cannot Establish Permanent Disability Without Medical Proof: Sikkim High Court

The Sikkim High Court held that a fracture of ribs or a treated hip dislocation cannot, by itself, justify a finding of permanent disability in the absence of supporting medical evidence. It noted that the claimant failed to establish the consequences of the vertebral injury, and even the witness testimony was unreliable.Justice Meenakshi Madan Rai remarked that : “the fracture of ribs would render a person disabled, is an improbable circumstance… I cannot… be convinced… that a person would suffer 50% disability due to fractured ribs. There cannot be a conclusion of disability… merely on account of fracture of D1 vertebra… The injury… and its consequences have not been detailed… by medical expert or medical certificate… The evidence of the witness is… self defeating.”Background: The Motor Accidents Claim Tribunal had awarded compensation of over ₹29 lakh along with 6% interest, concluding that the claimant suffered 50% permanent disability due to injuries sustained in a road accident. The Tribunal reasoned that while some injuries were treatable, a vertebral fracture could affect normal functioning, justifying the disability assessment. The insurer challenged the award on the ground that no disability certificate or medical evidence was produced to substantiate the claim of permanent disability. It further contended that the Tribunal had relied on assumptions rather than evidence, and that compensation should be restricted to actual medical expenses, which amounted to ₹1,14,147/- based on verified bills. The Court observed that in the discharge summary to indicate that the Claimant was rendered disabled, it specifies that the 'recovery was uneventful', indicating that the recovery followed the normal course and no disability was identified.The Court reiterated that claims involving disability, cogent medical evidence is indispensable. However in this case, neither a disability certificate nor expert medical testimony was produced. The MACT's conclusion, therefore, was based purely on assumption. Further, the Court noted that even the alleged vertebral injury was not substantiated by any detailed medical opinion explaining its long-term consequences, which made the disability speculative. Thus, the Court held that the MACT had committed a error in reaching a finding of 50% disability. Case Name: The Branch Manager, The New India Assurance Company Limited versus Gyandup Tshering Lepcha and OthersCase No.: MAC App No.16 of 2025Date of Decision: 17.04.2026 Click Here To Read/Download Order

Fractured Ribs Or Treated Hip Dislocation Alone Cannot Establish Permanent Disability Without Medical Proof: Sikkim High Court

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