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Supreme Court of India 2024-08-09 allowed

Rahul vs National Insurance Company Ltd

Bench: 2 — Sudhanshu Dhulia, R. Mahadevan

In Brief

The appellant was injured while travelling as a pillion rider in a motorcycle insured with the respondent insurance company. The Tribunal awarded compensation assessing his disability at 25%, but the High Court reduced this to 20% on appeal. The Supreme Court held that the High Court's reduction lacked legal justification and plausible reasoning. Since the Tribunal's 25% disability assessment was based on medical evidence and examination of the medical expert, and the medical certificate itself indicated 50% disablement, the reduction was unwarranted. The Court set aside the High Court's judgment and restored the Tribunal's award, directing the insurance company to deposit the full compensation within four weeks.

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Motor Vehicle Accident Compensation Disability Assessment Insurance Law Civil Procedure

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