BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., MUMBAI vs ALKA VIJAY CHAUTRAY AND ANR.

Judgment text excerpt

LSP 1 fa 571.24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION First Appeal No. 571 of 2024 Bajaj Allianz General Insurance Company Ltd. Office at Rustomji Aspire, 3rd floor, Everad Nagar-2, Near Priyadarshini Circle Sion Chunabhatti, Imax Road, Mumbai-400022 … Appellants V/s. 1. Alka Vijay Chautray R/At: A-103, Ranjigandha Near PKC Hospital, Sec-15, Vashi-navi Mumbai 400703. 2. Bhalerao Adaji Katkar Sarkalwadi, Tal. Koregaon, Aane, Satara 415103. … Respondents Mr. Sarthak S. Diwan Advocate for the Appellant. Mr. Vasant N. More Advocate for the Respondents. CORAM : S.M. MODAK, J Digitally signed by LATA SUNIL LATA SUNIL PANJWANI PANJWANI Date: RESERVED ON : 15th October 2025 2025.11.11 15:15:33 +0530 PRONOUNCED ON : 11th November 2025. JUDGMENT : In this appeal there is a challenge to an Award dated 1 st February 2024 passed by the learned Member, M.A.C.T. Mumbai in 1/12 LSP 2 fa 571.24.doc Application No.626/2017. It was an injury claim. The insured has not appeared whereas the insurer contested the claim petition. Both of them have adduced oral and documentary evidence. Tribunal held that driver of the offending vehicle was rash and negligent. The claimant was standing on the road. The compensation awarded is Rs.58,54,183/- along with interest of 7.5% per annum from the date of petition till realisation. 2. I have heard Mr. Diwan, the learned Advocate for the Appellant-Insurance Company and learned Advocate More for Respondent No.1- Claimant. Mr. Diwan raised the following points: (i) The driver of the insured vehicle was holding the licence to drive light motor vehicle non-transport whereas the tempo is having weight of 7500 kg. (ii) The claimant has received Rs.1,75,000/- from mediclaim of Star Health and Allied Insurance Company and as s