THE HDFC ERGO GENERAL INSURANCE COMPANY LIMITED vs MASTER SIDDANTH SANJAY JAMSANDEKAR AND ANR

Judgment text excerpt

1 of 9 910.FA(ST).34194.2016.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO.34194 OF 2016 The HDFC ERGO Gen. Ins. Co.Limited Appellant versus 1. Mast.Siddanth Sanjay Jamsandekar, Age 12 years, Mr.Sanjay M.Jamsandekar, next friend discharged as er order dtd.22-12-2015 R/o.Jamseth Tadiwala Chawl, R.No.3, Curry Road, Mumbai-400 012. 2. Kalpnath Hariharanyan Mishra, Owner of Taxi No.MH-01-X-4050 Municipal Chawl, Hut No.5775, Sewree, Mumbai-400 015. Respondents _______ Mr.Abhijit P.Kulkarni with Ms.Sweta Shah for Appellant. Ms.Varsha Chavan for Respondent no.1. _______ CORAM: AARTI SATHE, J. DATE: 7th April 2026 ORAL JUDGMENT :- 1. This appeal challenges the judgment and award dated 12 th April 2016 (hereinafter referred to as the “impugned judgment and award”) passed by the Motor Accident Claims Tribunal, Mumbai (hereinafter referred to as “MACT”) whereby the Respondent No.1 Claimant has been awarded an amount of Rs. 76,611/- including No-Fault Liability (NFL) amount if any along with interest at 9% per annum from the date of filing of MACT application till its realization. 2. Brief facts of the case are as follows: - i. On 30th December 2009, at about 07:10 a.m., Respondent No.1 Claimant who was then a child of 12 years, was walking by the side of Dr. B.A. Road, Mumbai, when a speeding motor taxi bearing MH-01-X-4050 (hereinafter referred to as “offending vehicle”) knocked him down. Respondent No.1 Claimant sustained injuries, and it is the contention of Respondent No.1 Claimant, that the M.S.Thatte 2 of 9 910.FA(ST).34194.2016.DOC accident occurred due to the rashness and negligence of the driver of the offending vehicle. The offending vehicle is owned by Respondent No.2, one Mr. Kalpanath Hariharanayan Mishra. ii. The R