Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Consumer Protection Act, 2019 (35 of 2019) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection – Appellant-insured is the owner of the vehicle covered by an insurance policy issued by respondentinsurer – Vehicle met with an accident – Medical expenses were borne by the appellant in the treatment of the injuries sustained by the injured – Indemnification of – Held: Evidence in the form of Exhibits C-19 to C-28 issued by the Hospital were on record, as per which the appellant had incurred expenditure in the medical treatment of the injured – The insurance company did not dispute these documents, instead, the contention of the insurer before the NCDRC was that there is no evidence on record to show that the payment was made – The stand of the insurer in this case is not fair and just – Appellant was not only deprived of the amount spent by him towards medical expenses owing to the injuries sustained by the injured in the accident in respect of which there is a third-party insurance coverage, but has also been constrained to approach this Court – The portion of the order of the NCDRC disallowing indemnification of the amount spent towards medical expenses by the appellant, set aside – Respondent to pay Rs.4,09,000/- in terms of the Exhibits with interest at the rate of 7% p.a from the date of filing of the complaint before the District Forum till its realization – Cost of Rs.30,000/- be paid to the appellant – Insurance. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna |
Neutral Citation | 2023 INSC 644 |
Petitioner | Hem Raj |
Respondent | The New India Assurance Co. Ltd. |
SCR | [2023] 9 S.C.R. 1187 |
Judgement Date | 2023-07-25 |
Case Number | 4642 |
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