Summary
The National Commission could not further reduce the insurance award in the insured’s revision when the insurer had accepted the State Commission’s order and had not challenged it. The Court restored the State Commission’s award and protected the insured against recovery of the amount already paid under it.
Issues
- Whether the National Commission could reduce the award in the insured’s revision despite the insurer not challenging the State Commission’s order.
Held
- Only the insured had challenged the State Commission’s reduction of the claim. Since the insurer had not brought a challenge, the grievance against the National Commission’s further reduction had merit and restoration of the State Commission order met the ends of justice. (¶¶ 4, 5, 6)
- Because the State Commission’s order was restored, the insurer could not recover the supposed excess paid in compliance with that order. (¶ 7)
Result
Appeals allowed without costs. The National Commission order was set aside and the State Commission’s award of Rs.4,99,000 with 6% annual interest restored. No recovery was to be made from the insured.