VidhiSangh

Supreme Court of India · 09/08/2024

RAHUL versus NATIONAL INSURANCE COMPANY LTD. AND ANOTHER

[2024] 8 S.C.R. 287 · 2024 INSC 598

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Summary

The Supreme Court restored the Motor Accident Claims Tribunal's assessment of the injured pillion rider's disability at 25%, holding that the High Court had cut it to 20% without any plausible reason, although the disability certificate assessed 50% permanent disablement and the issuing doctor had been examined.

Issues

  1. Whether the High Court was right in reducing the claimant's disability from 25%, as fixed by the Tribunal, to 20% while determining compensation.

Held

Result

Appeal allowed; High Court judgment set aside and the Tribunal's award fixing disability at 25% restored; the insurer to deposit the full compensation with interest as determined by the Tribunal, after adjusting amounts already deposited, within four weeks, and the appellant permitted to withdraw it.

Judgment PDF: Supreme Court of India, [2024] 8 S.C.R. 287.