Cholamandalam Ms General Insurance Co. Ltd. Mumbai v. Manisha Pramod Mistry and Ors.
Case brief
What is this about?
Bombay High Court, First Appeal No.2014 of 2024, Shivkumar Dige, J., decided 28 July 2025: insurer's appeal against MACT Mumbai pay-and-recover award dismissed. Driver held 'LMV - TR' licence (no HMV-TR) and drove offending vehicle weighing 8380 kg — breach of insurance policy terms and pay and recover order upheld; Mukund Dewangan (S) v. Oriental Insurance Company Limited, 2017 AIR SC 3668 relied upon (LMV covers transport vehicles below 7000 kg). Deceased driver's income fixed at Rs.17,000/- per month (PW2 Hanuman; salary certificate Exh.-27) upheld. Claimants (Mistry family) may withdraw deposited amount with interest; recovery of compensation with interest permissible from owner of towing van MH-46-BE-5871 (Mainuddin N. Khan). Keywords: pay and recover, LMV-TR licence, HMV, breach of policy terms, motor accident compensation, income assessment.
What did the court decide?
Appeal dismissed with no order as to costs; claimants permitted to withdraw the deposited amount along with accrued interest; statutory amount to be transmitted to the Tribunal along with accrued interest, withdrawable by the parties as per Rule; appellant at liberty to recover the compensation amount with interest from the owner of the offending vehicle as observed by the Tribunal; record and proceedings to be sent to the Tribunal; pending applications disposed of.