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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
United India Insurance Co. Ltd. – Appellant
Versus
Sonu Kumar – Respondent
| Table of Content |
|---|
| 1. claimant's negligence contested. (Para 1 , 2 , 18) |
| 2. factual background of the accident. (Para 4 , 5 , 6 , 7) |
| 3. court's analysis of evidence. (Para 8 , 9 , 10 , 14) |
| 4. legal precedent on insurance reimbursements. (Para 11 , 19 , 22 , 23) |
| 5. appeal dismissed. (Para 26 , 27 , 28) |
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 fr
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
Amounts received under a Mediclaim policy are not deductible from motor accident compensation awarded by a tribunal as contractual and statutory entitlements arise from distinct sources and cannot be....
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 ....
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