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LegalFirms.in Judgments · legalfirms.in/judgments/hem-raj-vs-the-new-india-assurance-co-ltd-20230725/ · Printed 07 Nov 2026
Civil · Reportable judgment

Hem Raj vs The New India Assurance Co. Ltd.

Court
Supreme Court of India
Date
25 July 2023
Case No.
Civil Appeal No. 4642 of 2023
Result
Allowed
Bench
B.V. Nagarathna, Ujjal Bhuyan
Citation
[2023] 9 S.C.R. 1187 : 2023 INSC 644
Supreme Court Reports [2023] 9 S.C.R. 1187 : 2023 INSC 644
Headnote

Consumer Protection – Appellant-insured is the owner of the vehicle covered by an insurance policy issued by respondent-insurer – 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.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by NAGARATHNA, J. Leave granted. 2. This appeal has been filed by the insured seeking indemnification of the total amount of INR 10,36,500/- from the respondent-insurance company, being aggrieved by the Order passed by the National Consumer Disputes Redressal Commission (‘NCDRC’ for short). 3. Briefly stated the facts are that the appellant is the owner of a Mahindra Pick-up Vehicle bearing registration no. PB-19H-2461 which is used by him for his personal use. That the appellant had purchased an insurance policy No.36060231130100003910 by paying the
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