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.