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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 claimant injured in a road accident sought compensation for multiple alleged injuries including a fractured thigh, skull injury, and testicular injury, claiming 95% permanent disablement. The Motor Accidents Claims Tribunal awarded Rs. 4,58,060/-, but the High Court reduced this to Rs. 2,11,060/-, rejecting the majority of claimed injuries. The Supreme Court upheld the High Court, holding that the Tribunal incorrectly added two doctors' disablement percentages (45% + 50%) to reach 95%. The treating physician found only thigh fracture; scrotum injury lacked evidence linking it to the accident; and the claimant's marriage and three children contradicted his claim of marital incapacity. The Court affirmed that appellate courts may modify awards where underlying assessments are flawed or unsupported by reliable evidence.

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Motor Vehicles Act Compensation Personal Injury Appellate Review Medical Evidence

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