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Supreme Court of India 2018-03-06 allowed

ICICI Lombard General Insurance Co. Ltd vs Ajay Kumar Mohanty & Anr

Bench: 3 — D.Y. Chandrachud

In Brief

A motor accident victim sustained fractures to his left elbow and femur. The Tribunal awarded Rs. 22.85 lakhs, but the High Court reduced it to Rs. 12 lakhs without detailed reasoning. The Supreme Court found the Tribunal wrongly treated the temporary disability as permanent, based on an unreliably interpolated medical certificate. The Court awarded Rs. 9.10 lakhs comprising: Rs. 5 lakhs for loss of income, Rs. 2 lakhs for pain and suffering, and Rs. 2,09,622 for medical expenses, with 9% per annum interest. The appeal was allowed, establishing that compensation must reflect the actual nature of disability proven by reliable medical evidence.

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Motor Vehicles Act Compensation Personal Injury Disability Assessment Insurance Quantum of Damages Medical Evidence

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