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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
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, when a speeding motor taxi bearing MH-01-X-4050 (hereinafter referred to as “offending vehicle”) knocked him down. Respondent No.1 Claimant sustained injuries, and it is the contention of Respondent No.1 Claimant, that the accident occurred due to the rashness and negligence of the driver of the offending vehicle. The offending vehicle is owned by Respondent No.2, one Mr. Kalpanath Hariharanayan Mishra.
ii. The Respondent No.1 Claimant was required to spend considerable amount for treatment, and it is his contention t
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.
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
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