VidhiSangh

Supreme Court of India · 06/03/2018

ICICI LOMBARD GENERAL INSURANCE CO. LTD. versus AJAY KUMAR MOHANTY & ANR.

[2018] 3 S.C.R. 42 · 2018 INSC 207

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Summary

The Supreme Court fixed accident compensation at Rs.9,10,000 after finding the High Court’s reduction unreasoned and the Tribunal’s computation internally inconsistent. Medical evidence established temporary disability likely to improve, not permanent disability warranting the award made below. Using the supported income figures, the Court allowed Rs.5 lakh for lost income, Rs.2 lakh for trauma, pain and suffering and the accepted medical expenses, rounding the total. Interest was fixed at 9% per annum from the petition date.

Issues

  1. Whether the unreasoned High Court reduction and Tribunal’s contradictory income calculation could stand.
  2. Whether permanent disability had been proved and what compensation the temporary disability justified.

Held

Result

High Court judgment set aside; both appeals disposed of without costs. Compensation fixed at Rs.9,10,000 plus 9% annual interest from the petition date, with insurer deposit within twelve weeks and disbursement on proper identification.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 42.