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Rahul vs National Insurance Company Ltd.

Not available · 2024 INSC 598Decided 9 Aug 2024
Not available
Justice Sudhanshu Dhulia · Justice R. Mahadevan

Background

The appellant was injured as a pillion rider on a motorcycle in a 2013 accident, sustaining fractures to both forearms that required surgery with plates and screws implanted in his hands; as an agriculturist, he said the injuries left him unable to carry out farm work. A doctor certified 50% permanent disability, and the Motor Accident Claims Tribunal, weighing this along with other evidence, assessed his disability at 25% and awarded roughly Rs.5.39 lakh in compensation. The insurance company appealed, and the Karnataka High Court reduced the disability finding to 20% (and the compensation to about Rs.4.74 lakh) on the ground that the certifying doctor had not been cross-examined before the Tribunal.

Decision Breakdown

The Supreme Court found that the doctor who issued the disability certificate had, in fact, been examined as a witness (PW2) before the Tribunal, so the High Court's stated reason for reducing the disability percentage was factually incorrect. Since the medical evidence supported the Tribunal's 25% disability finding and the High Court gave no other plausible basis for lowering it, the Court held the reduction in compensation was unwarranted. It set aside the High Court's judgment and restored the Tribunal's original award, directing the insurer to deposit the balance compensation with interest within four weeks.

Lesson Learnt

An appellate court cannot reduce a disability-based compensation award on a factually mistaken premise (such as wrongly assuming a key medical witness was never examined): accident victims are entitled to have compensation based on the disability actually supported by the evidence on record.

Official source (sci.gov.in)View Judgment (PDF)

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