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Supreme Court of India 2023-07-25 allowed

HEM RAJ vs THE NEW INDIA ASSURANCE CO. LTD

Bench: 2 — B.V. Nagarathna, Ujjal Bhuyan

In Brief

The insured owned a vehicle insured with the respondent company for travel to Nepal. Following an accident in Nepal that caused one death and injured a third party, the insured incurred medical expenses of Rs. 4,09,000 (Indian Rupees) for treating the injured person. Though the insured's claim was partly admitted, the National Consumer Disputes Redressal Commission rejected the medical expense reimbursement, claiming no evidence existed. The Supreme Court found that medical bills (Exhibits C-19 to C-28) were actually on record before the District Forum and State Commission, and the insurer had not disputed these documents. Holding the insurer's refusal to be contrary to evidence and unfair, the Court ordered payment of Rs. 4,09,000 plus 7% interest and costs of Rs. 30,000 within one month.

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Insurance Law Motor Vehicles Consumer Protection Third-Party Insurance Indemnity Medical Expenses

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