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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
United India Insurance Co. Ltd. – Appellant
Versus
Sonu Kumar – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal has been filed by the insurer of the offending Fortuner vehicle No.DL-1-N-8711 under Section 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dated 08.10.2025 passed by the Motor Accident Claims Tribunal, Ghaziabad in M.A.C.P. No.108 of 2018 (Sonu Kumar vs. Sachin Joshi and others), whereby for the injuries sustained by the claimant in a road accident that occurred on 04.12.2017, a compensation of Rs.5,20,100/- along with interest @ 7.5% per annum has been awarded to the claimant, which has been ordered to be indemnified by the insurer of the above offending vehicle No.DL-1-N-8711.
2. Learned counsel for the appellant-Insurance Company submitted that the claimant was driving his motorcycle No.UP-14-BP-4276 in a rash and negligent manner at the time of the accident, who tried to overtake the offending Fortuner vehicle from the left side, which was impermissible. Learned counsel submitted that the accident occurred due to the sole negligence of the claimant, but the Tribunal has concluded that the claimant was having only 30% contributory negligence in the accident, which was erroneous. Learned counsel submitte
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....
The tortfeasor's liability for compensation remains despite the claimant's receipt of medical expenses from a mediclaim policy.
Amounts received under a mediclaim policy are not deductible from compensation under the Motor Vehicles Act, affirming the separation of contractual and statutory rights.
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....
Point of law: Amount of Rs. 85,176/- received by the claimants on account of the mediclaim policy is liable to be deducted from the amount awarded under the head Medical expenses.
The court ruled that contributory negligence cannot be inferred solely from a site plan when eyewitness testimony indicates no fault, and clarified compensation calculations regarding deductions and ....
Compensation awarded under the Motor Vehicles Act must deduct amounts reimbursed under a Mediclaim policy to prevent double recovery.
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