Tag: Beneficial Legislation Interpretation

Supreme Court Grants Pension to Schizophrenia-Affected Veteran, Criticizes Flawed Medical Process
Supreme Court

Supreme Court Grants Pension to Schizophrenia-Affected Veteran, Criticizes Flawed Medical Process

The Supreme Court held that denial of disability pension based on a Medical Board's unreasoned opinion violates Regulation 423 of the Medical Services Regulations, which mandates detailed reasoning for attributability/aggravation findings. The Court emphasized strict compliance with procedural safeguards for service-linked disabilities and ruled that conclusory medical opinions without justification cannot deprive veterans of pensionary benefits. Liberal interpretation of beneficial provisions was underscored, with the burden shifting to authorities when discharge is initiated institutionally. The judgment reinforces the statutory requirement of causal connection between service conditions and disability, while mandating reasoned analysis from medical authorities. Facts Of The Case: The ...
Supreme Court Clarifies Motor Vehicle Act: Insurer Must Pay Compensation Even for Uninsured Trailer
Supreme Court

Supreme Court Clarifies Motor Vehicle Act: Insurer Must Pay Compensation Even for Uninsured Trailer

The Supreme Court ruled that when a tractor (insured) causes an accident involving an attached trailer (uninsured), the insurer is liable for third-party compensation under the Motor Vehicles Act, 1988. The Court held that the trailer, being part of the tractor's operation, need not be separately insured, emphasizing the Act's welfare-centric interpretation. The insurer's liability was capped at the policy limit, with recovery rights against the vehicle owner for excess amounts. The judgment harmonized precedents on composite vehicle insurance and statutory compensation. Facts Of The Case: On February 29, 2012, Nagarajappa (deceased) was working as a coolie on a tractor-trailer transporting soil when the vehicle overturned due to the driver’s negligence, resulting in his fatal injuries. ...