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Supreme Court of India 2020-09-17 allowed

Lalan D. @ Lal & Anr vs Oriental Insurance Company Ltd

Bench: 3 — Hrishikesh Roy, Hemant Gupta, Sanjay Singh

In Brief

A victim of a motor accident with permanent right-sided paralysis (hemiplegia) from a head injury appealed against the compensation awarded by the High Court. The Supreme Court found that the victim required full-time round-the-clock care but the insurance company had awarded minimal caregiver expenses. The Court enhanced compensation by awarding a lump sum for caregiver costs, recognizing that a daily labourer's family would not maintain detailed expense records during the trauma following severe injury. The Court modified the award and directed payment, allowing interest withdrawals during deposit tenure.

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Motor Vehicles Act Personal Injury Compensation Insurance Law Disability

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