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Supreme Court of India 2019-02-18 dismissed

S. Kumar (Dead) vs United India Insurance Co. Ltd. & Anr

Bench: 2 — Dinesh Maheshwari

In Brief

A 25-year-old mason was hit by an auto-rickshaw in 1992, sustaining a fracture of the left thigh bone. He claimed additional injuries to his skull and scrotum, seeking compensation of Rs. 4,58,060/-. The Trial Tribunal accepted his claim of 95% permanent disablement (combining two doctors' assessments of 45% and 50%). The High Court reduced the award to Rs. 2,11,060/-, finding the 95% disablement claim unsupported: the first doctor found only thigh fracture; scrotal injury was not mentioned initially; and the appellant later married and had three children, contradicting his claim of inability to marry. The Supreme Court dismissed the appeal, upholding the High Court's reasoned downward revision as not grossly inadequate."

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Motor Vehicles Act Compensation Personal Injury Medical Evidence Permanent Disablement Motor Accidents Claims Tribunal

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