Summary of Judgement
The Supreme Court, restored the decision of the Tribunal, which had awarded compensation based on a 25% disability to the appellant, Rahul, who sustained multiple fractures in a motor accident. The High Court of Karnataka had earlier reduced the disability assessment to 20%, leading to a decrease in the compensation amount. The Supreme Court found the High Court's reduction unjustified and reinstated the Tribunal's original compensation decision.
Background
- Incident: Rahul sustained serious injuries in a motor accident on 27th January 2013 while riding as a pillion.
- Injuries: Fractures in both forearms, requiring surgical intervention with plates and screws.
- Tribunal's Decision: Awarded compensation based on a 25% disability, totaling Rs. 5,38,872/-.
High Court's Ruling
- Appeal: The insurance company challenged the Tribunal’s award, leading to a reduction in the assessed disability to 20% by the High Court.
- Outcome: The High Court reduced the compensation to Rs. 4,74,072/-.
Supreme Court's Analysis
- Key Issue: Whether the High Court's reduction of the disability percentage from 25% to 20% was justified.
- Supreme Court's Observation: The High Court's reduction lacked sufficient basis, particularly since the doctor who assessed the 50% disability was not discredited.
Final Judgment
- Restoration: The Supreme Court set aside the High Court's judgment and restored the Tribunal’s decision.
- Direction: The insurance company was ordered to deposit the full compensation as per the Tribunal's original judgment within four weeks.
Conclusion
- Impact: The judgment underscores the importance of relying on credible medical assessments in determining compensation for disabilities resulting from accidents.
Case Title: Rahul Versus National Insurance Company Ltd. and another
Citation: 2024 LawText (SC) (8) 92
Case Number: CIVIL APPEAL NO. 8614 OF 2024 (Arising out of SLP (C) No. 16897 of 2024) (Arising out of Diary No.38687 of 2019)
Date of Decision: 2024-08-09