VidhiSangh

Supreme Court of India · 15/12/2017

HALAPPA versus MALIK SAB

[2017] 14 S.C.R. 500 · 2017 INSC 1249

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Summary

The High Court rejected a tractor-accident claim by preferring the initial FIR’s account that the claimant rode on the mudguard. The Supreme Court restored the Tribunal’s finding, supported by sworn eyewitness evidence and the insurer’s failure to produce its investigation materials, that the tractor fell on the claimant. Compensation for permanent paraplegia was enhanced.

Issues

  1. Whether the initial FIR justified reversal of the Tribunal’s finding on the manner of accident and insurance liability.
  2. What enhancement was warranted for the claimant’s complete disability.

Held

Result

Appeal allowed without costs. Tribunal’s finding restored; compensation enhanced byRs2,70,000 with7percent annual interest from the claim petition until realization. Insurer to deposit the compensation or balance within12weeks for release after verification.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 500.