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Supreme Court of India 2018-02-13 partly_allowed

Oriental Insurance Co. Ltd vs Usha Bhagchandani & Ors

Bench: 2 — Kurian

In Brief

This appeal arose from a motor vehicle accident compensation case where an insurance company challenged three aspects of the lower tribunal's award: contributory negligence, a 30% additional enhancement to compensation, and the rate of interest. The Supreme Court held that the insurer should have impleaded other parties at the tribunal stage; dismissing its contributory negligence claim, it upheld the additional 30% enhancement in light of the respondent's permanent disability, but reduced the interest rate from a higher amount to 8% based on the case's particular circumstances. The appeals were partly allowed.

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Insurance Motor Vehicles Compensation Personal Injury Interest

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