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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AARTI SATHE
HDFC ERGO Gen. Ins. Co. Limited – Appellant
Versus
Mast. Siddanth Sanjay Jamsandekar – Respondent
| Table of Content |
|---|
| 1. minor pedestrian injured by negligent speeding taxi. (Para 1 , 2 , 3 , 4) |
| 2. appellant claims fake policy; rejects compensation quantum. (Para 5) |
| 3. electronic evidence inadmissible without section 65b certificate. (Para 6) |
| 4. driver negligence proven; compensation for treatment, diet justified. (Para 7) |
| 5. awards for pain, diet supported by supreme court. (Para 8 , 9) |
| 6. insurer fails to prove fake policy lacking s65b proof. (Para 10 , 11 , 12) |
| 7. 9% interest upheld; appeal dismissed. (Para 13 , 14 , 15) |
JUDGMENT :
AARTI SATHE, J.
1. This appeal challenges the judgment and award dated 12th April 2016 (hereinafter referred to as the “impugned judgment and award”) passed by the Motor Accident Claims Tribunal, Mumbai (hereinafter referred to as “MACT”) whereby the Respondent No.1 Claimant has been awarded an amount of Rs. 76,611/- including No-Fault Liability (NFL) amount if any along with interest at 9% per annum from the date of filing of MACT application till its realization.
2. Brief facts of the case are as follows: -
i. On 30th December 2009, at about 07:10 a.m., Respondent No.1 Claimant who was then a child of 12 years, was walking by the side of Dr. B.A. Road, Mumbai,
Electronic evidence disproving insurance policy requires mandatory Sec.65B(4) certificate; absent it, insurer liable despite fake policy claim. Minor pedestrian's polytrauma compensation (medical, pa....
The insurance company is liable to pay compensation unless it proves policy violations; appellate courts can enhance compensation without cross-appeals by claimants.
Insurance policies in motor accident claims must be proven valid unless convincingly challenged by the insurer; mere assertions aren't sufficient to annul liability.
The insurer is liable for compensation regardless of alleged fraud concerning the insurance policy, which must be proven by the insurer.
The court upheld that negligence in motor vehicle accidents is assessed on the preponderance of probabilities, enabling claims even with issues like delay in FIR lodging, affirming broader judicial d....
Compensation awarded for personal injuries must consider actual medical expenses, and future loss claims cannot be inherited post-death unless directly linked to the injury.
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