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july 2019

Supreme Court of India · 2019-07-29

Rupa Roy vs The New India Assurance Company Ltd.

Citation / case number
AIRONLINE 2019 SC 748
Court
Supreme Court of India
Petitioner
Rupa Roy
Respondent
The New India Assurance Company Ltd.
Author
Abhay Manohar Sapre
Bench
Indu Malhotra, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the appellant's appeal without providing reasons, constituting a jurisdictional error. The Court emphasized that an appeal under Section 173 of the Motor Vehicles Act, 1988, should be treated similarly to appeals under Section 96 of the Code of Civil Procedure, 1908, which requires a reasoned judgment. Consequently, the Court enhanced the compensation awarded by the Motor Accident Claims Tribunal, recognizing the permanent disability suffered by the appellant's son due to the accident.

Rupa Roy vs The New India Assurance Company Ltd. · Niyam