Reliance General Insurance Co.Ltd. v. Vishnu Tirthdas Tharaney and Anr.
Case brief
What is this about?
First Appeal No. 1901 of 2024, High Court of Judicature at Bombay (Civil Appellate Jurisdiction), decided 19th January, 2026 by R. M. Joshi, J. Insurer (Reliance General Insurance Co. Ltd.) appeal under Section 173, Motor Vehicles Act, 1988 against Tribunal award dated 4th August, 2023 in M.A.C.P. No.52 of 2019 granting Rs.9,67,000/- with 7.5% interest for injuries. Key points: insurer's defence of invalid/effective driving licence failed because its evidence concerned Salim Barakali Daredia while the driver was Amit Daredia; no perversity in Tribunal findings (paras 22-24); proof of accident and negligence on preponderance of probability via eyewitness claimant and charge-sheet; medical expenses component upheld; Rs.50,000/- pain and suffering observed 'not acceptable' but quantum untouched; appeal dismissed, statutory deposit with interest transferred to Tribunal and adjusted towards compensation. Keywords: motor accident injury claim, insurance defence, driving licence of driver, preponderance of probability, charge-sheet, pain and suffering, medical expenses, statutory deposit adjustment.