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february 2019

Supreme Court of India · 2019-02-18

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

Citation / case number
AIR 2019 SUPREME COURT 3235
Court
Supreme Court of India
Petitioner
S. Kumar(Dead)
Respondent
United India Insurance Co. Ltd.
Author
Dinesh Maheshwari
Bench
Abhay Manohar Sapre, Dinesh Maheshwari

Judgment text excerpt

The Supreme Court held that the High Court's modification of the Motor Accidents Claims Tribunal's award was unjustified, as it reduced the compensation from Rs. 4,58,060/- to Rs. 2,11,060/- without sufficient basis. The Court emphasized that the assessment of permanent partial disablement should consider all injuries sustained, including the claimant's significant medical evidence of 95% disablement. The Court restored the original compensation amount awarded by the Tribunal, affirming the principles of fair compensation under the Motor Vehicles Act, 1988.

S. Kumar(Dead) vs United India Insurance Co. Ltd. · Niyam