Dhupar v AAI Limited t/as GIO

The case of Dhupar v AAI Limited t/as GIO involved a claimant who suffered injuries after his scooter was hit by a vehicle insured by AAI Limited. The claimant sustained soft tissue injuries and multiple abrasions that resulted in residual scarring. The dispute centred on whether these injuries constituted a "minor injury" under the Motor Accidents Injuries Act 2017. The court had to determine the nature of the injuries in question and whether they fell within the definition of a minor injury.

The primary legal issue was the interpretation of the term "minor injury" as it pertains to injuries involving soft tissue and skin. The court considered whether the claimant's injuries, which included abrasions and scarring, qualified as minor injuries. The court rejected the approach in Nazari v AAI Ltd, which limited the definition of minor injury to the purpose of the Act. Instead, the court applied the decision in The Queen v A2, which emphasised a literal interpretation of the statutory language. Furthermore, the court did not follow the reasoning in Al- Khafaji v Insurance Australia Ltd, which focused on the fact that skin is an organ. The court found that the presence of an injury to a nerve was a critical factor in determining whether the injury was minor.

In reaching its decision, the court held that the claimant did not suffer any injury to a nerve from the skin injuries sustained in the accident. The court concluded that a skin injury satisfies the definition of a soft tissue injury and is encompassed within the concept of a minor injury, provided there is no injury to a nerve. The original Medical Assessment Certificate confirmed that no nerve injury was present, thereby supporting the claimant's claim for minor injury compensation.

The court's decision affirmed the original Medical Assessment Certificate and upheld the claimant's entitlement to compensation for the minor injuries sustained in the accident. The claimant was therefore entitled to recover damages for the minor injuries as defined under the Motor Accidents Injuries Act 2017.