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.