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2025 Supreme(Online)(Bom) 351684
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Not mentioned, Not mentioned
Cholamandalam MS General Ins. Co. Ltd. v. Charu Ashok Khandal
First Appeal | MAC Application No. 875 of 2014
For the Appellants/Petitioners: Mr. Rajesh Kanojia
For the Respondents: None appeared
Compensation claims under the Motor Vehicles Act can encompass both injury and death claims arising from accidents, highlighting the necessity of recognizing long-term effects in assessments.
Headnote:(A) Motor Vehicles Act, 1988 - Section 166 - Compensation for death due to negligent driving - The deceased, aged 28, died from cervical spinal cord injuries resulting from an accident on 25.3.2012 while travelling in an autorickshaw - The claim of Rs.62,20,000 was awarded by the MACT, with 7.5% interest from the date of application until realization - The insurer challenged the MACT’s decision on grounds of causation, non-joinder of necessary parties, and failure to prove medical bills - Evidence established nexus between the accident and death, warranting compensation under MV Act - The MACT's application of laws and determination of the amount was justified. (Paras 1-40)
(B) Legal principle - Claim applications under MV Act reflect the necessary inclusivity for death claims arising from vehicular accidents. (Paras 25, 35)
(C) Evidentiary standards in compensation claims necessitate a preponderance of probability rather than stringent proof. (Paras 37, 38)
Facts of the case:
The appellant insuror contested an award for compensation post-accident that led to the claimant's death, arguing insufficient direct connection between injuries and death, and failure to substantiate claims through medical evidence.
Findings of Court:
The MACT correctly concluded that the injuries from the accident led to the claimant's eventual death, substantiated by records and testimonies.
Issues: The core questions pertained to proving causation of death, handling of claims and evidence of injuries, and compensatory calculations.
Ratio Decidendi: The court upheld the MACT's determination of causation, asserting the long-term effects of injuries from the accident ultimately resulted in death, which was acknowledged in medical documentation.
Result: Appeal dismissed.
1. As observed by us in our earlier order dated 27.2.2025 the first appeal admitted on 6.2.2025, is taken up for final hearing and disposal.
2. The case before us is rather heart - wrenching and a tragic saga of a young aspiring professional girl working as a character animator with a reputed media production house aged 28 years. At prime of her youth, she met with a serious accident on 25.3.2012 in Mumbai and thereafter succumbed to serious cervical spinal cord injuries. She courageously faced the ordeal for about five years, and on 17.1.2017 she passed away. It is after such accident that the deceased - original claimant filed the claim for compensation before the Motor Accidents Claim Tribunal ('MACT') on 10.6.2014 under S.166 of the Motor Vehicles Act <>, 1988 ('MV Act').
3. The appellant, i.e., Cholamandalam MS General Ins. Co. Ltd. has assailed the impugned judgment of MACT, Mumbai in MAC Application No. 875 of 2014, dated 27.11.2020 ('impugned judgment'). Such challenge is mainly on the ground that the MACT grossly erred in awarding the compensation of Rs.62,00,000 to the victim being contrary to the facts on record and the provisions of law as would be applicable.
4. We have heard Mr. Rajesh Kanojia, learned counsel for the appellant. None appears for the respondents, though served. With the assistance of the learned counsel before us we have perused the record.
5. Mr. Kanojia would at the very outset take us through the impugned judgment of the MACT dated 27.11.2020, the operative part of which reads thus:
"(1) Application is allowed in part with proportionate costs.
(2) Opposite party and insurer do pay jointly or severally a sum of Rs.62,20,000 inclusive of NFL, to the applicant Nos. 1 and 2 along with interest at 7.5 per cent p.a. from the date of application till realization.
On deposit of amount:
Rs 15,00,000 each be invested in the name applicant Nos. 1 and 2 in fixed deposit with any Nationalised Bank for the period of 4 years.
Remaining amount with accrued interest be paid equally to the applicant Nos. 1 and 2.
(3) Opposite party and / or insurer are directed to make payment by account payee cheques duly crossed and drawn in the name of applicant Nos. 1 and 2 by depositing the same in the Tribunal.
(4) Investment cheques issued by opposite party - owner or the insurer, as the case may be, shall be in the name of Account Officer, MACT, Mumbai. Separate cheques for investment and disbursement be tendered by opposite party - owner or insurer.
(5) On receiving the cheques, Account Officer shall handover said cheques to the applicant Nos. 1 and 2 by obtaining acknowledgment thereof on payment of deficit court - fee, if any.
(6) Award be drawn accordingly."
6. Our attention is then invited to the issues framed in the impugned judgment which reads thus:
"(1) Do the applicants prove that on 25.3.2012, at about 0033 hrs, at the junction of Oshiwara Link Road and Lokhandwala to Hirapanna Mall Road, Charu (deceased) sustained injuries and succumbed to her injuries on 17.1.2017, in an accident which occurred due to rash and negligent driving of motor car No. MH - 02 - JP - 2959?
(2) Does the insurer prove that claim is bad for non - joinder of necessary party, i.e., owner and insurer of autorickshaw No. MH - 03 - BA - 0371 in which the applicant (deceased) was travelling?
(3) Does the insurer prove that the insured has committed breach of terms and conditions of policy?
(4) Are the applicants entitled to compensation? If yes, to what extent and from whom?"
7. The relevant facts as placed before MACT, necessary for adjudication of this appeal are as under.
8. It was on 25.3.2012 at about 0035 hrs that the original claimant, her sister, i.e., respondent No. 3 and friend were travelling in a passenger autorickshaw from Juhu to Malad along linking road, Mumbai when the said autorickshaw was passing the junction of Shriji Hotel, i.e., junction of Oshiwara Link Road and Lokhandwala to Hirapanna Mall road, one motor car bearing registration No. MH
