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RAJESH BINDAL, VIJAY BISHNOI
National Insurance Co. Ltd. – Appellant
Versus
Rathlavath Chandulal – Respondent
ORDER :
Rajesh Bindal, J.
1. Leave granted.
2. The appellant-Insurance Company has approached this Court impugning the order1[MACMA No.1503 of 2025] dated 19.11.2025 passed by the High Court2[High Court for the State of Telangana at Hyderabad] in appeal whereby the award3[MVOP No.1011 of 2021 dated 20.09.2024 ] passed by the Tribunal4[MACT: CUM: XI Additional Chief Judge, City Civil Courts at Hyderabad ] was upheld. Vide the aforesaid order, on account of injuries suffered by the respondent no.1, compensation of Rs. 2,72,03,416/- awarded to him was upheld. Order5[I.A. No.4 of 2025] dated 06.01.2026 is also under challenge vide which the review application filed by the appellant was dismissed by the High Court.
3. Briefly noticing, the facts of the case are that the respondent no.1 suffered severe injuries in a road accident, which took place on 13.02.2020. He filed a claim petition before the Tribunal seeking compensation of Rs.1,00,00,000/-. He was 22 years of age at the time of the accident. His functional disability was assessed as 100%. He was a second year student at Government ITI College at Dindi, Nalwada Distt. Accepting the claim made by the respondent no.1 that he was assisti
The High Court must examine appeals on their merits; an undertaking given under pressure does not preclude rights to challenge an award substantively.
The main legal point established is that the amount already paid pursuant to an interim order should not be considered while computing interest, as per the principles established in Gurpreet Singh Vs....
Insurance companies cannot appeal on merits in compensation claims without following statutory procedures under the Motor Vehicles Act.
Motor Accident Claim – Compensation modified - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
In appeals concerning compensation claims, parties seeking enhancement must file cross-objections; failure to do so limits the appellate court's scope for adjustment.
In motor accident claims, the appellate court cannot enhance compensation in the absence of cross-objections, and must uphold the Tribunal's findings unless proven otherwise.
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