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J. C. DOSHI
New India Assurance Company Limited – Appellant
Versus
Ashok Nandumal Hardasani @ Mangalani – Respondent
JUDGMENT :
(J.C. Doshi, J.)
1. The present First Appeal, under Section 173 of the Motor Vehicles Act, 1988, is preferred by the appellant – Insurance Company, being aggrieved and dissatisfied with the impugned judgment and award dated 11.12.2009 passed by the Motor Accident Claims Tribunal (Main), Navsari in Motor Accident Claim Petition No.86 of 2007, by which the Tribunal has awarded compensation of Rs.3,64,320/- from all opponents, jointly and severally.
2. Brief facts of the case are as under :
2.1 On 17.10.2006, the claimant was driving motorcycle bearing No.GJ-21-B-4765 and when he reached near Bhana Petrol Pump on service road of village Kabilpore, at that time one Tempo bearing No.GJ-21-T-2827 come with full speed and the driver of the tempo was driving it rashly and negligently. Thereafter, the driver of the tempo dashed with the motorcycle of the claimant and due to such accident, the claimant fell on the road and sustained various injuries. Therefore, the claimant filed claim petition seeking compensation of Rs.5,00,000/- with cost and interest against the present respondents before the Tribunal.
3. In essence, the Insurance Company is in appeal on two grounds. Firstly th
The tortfeasor's liability for compensation remains despite the claimant's receipt of medical expenses from a mediclaim policy.
Negligence in motor vehicle accidents is assessed based on evidence and preponderance of probabilities; amounts received under mediclaim policies are not deducted from statutory compensation under th....
Deduction can be ordered only where the tortfeasor satisfies the court that the amount has accrued to the claimants only on account of death of the deceased in a motor vehicle accident
Compensation under the Motor Vehicles Act should not deduct benefits like family pension, which are separate from statutory compensation, and contributory negligence was established based on availabl....
Insurance benefits cannot be deducted from compensation as they are collateral benefits unrelated to the accident, reaffirming the principle of just compensation under the Motor Vehicles Act.
The court affirmed that the insurance company is liable for compensation when the driver, even if related to the owner, was covered under the policy, emphasizing the principle of just compensation.
The renewal commission received by the claimant after the death of the deceased is hereditary and not deductible from the compensation awarded for accidental death.
A person cannot gain twice from different sources for the same incident; therefore, compensation should not be deducted based on unrelated benefits.
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