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august 2024

Supreme Court of India · 2024-08-09

Rahul vs National Insurance Company Ltd

Citation / case number
2024 INSC 598
Court
Supreme Court of India
Petitioner
Rahul
Respondent
National Insurance Company Ltd
Author
Hima Kohli
Bench
Sudhanshu Dhulia, Hima Kohli

Judgment text excerpt

The Supreme Court held that the High Court erred in reducing the appellant's disability from 25% to 20% for compensation calculation under the Motor Vehicles Act, 1988. The Court emphasized that the disability certificate, which indicated a 50% disability, was not properly considered by the High Court due to the absence of the certifying doctor during the Tribunal's proceedings. The Court restored the Tribunal's assessment of 25% disability and directed the insurance company to pay the enhanced compensation accordingly.

Rahul vs National Insurance Company Ltd · Niyam