VidhiSangh

Supreme Court of India · 25/07/2023

HEM RAJ versus NEW INDIA ASSURANCE CO. LTD

[2023] 9 S.C.R. 1187 · 2023 INSC 644

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Summary

The Court directed the insurer to reimburse medical expenses incurred by its insured for an injured third party after a vehicle accident in Nepal. The NCDRC had incorrectly accepted that no payment evidence existed, although hospital bills were already on record and undisputed. The insured was awarded Rs 4,09,000 with interest and costs.

Issues

  1. Whether the NCDRC rightly denied reimbursement of medical expenses on the grounds of absent evidence and failure to appeal the District Forum’s order.

Held

Result

Appeal allowed; denial of medical-expense indemnification set aside. Insurer directed to pay Rs 4,09,000 with 7% annual interest from complaint to realization and Rs 30,000 costs within one month.

Judgment PDF: Supreme Court of India, [2023] 9 S.C.R. 1187.