Dismissed

Reliance General Insurance Co. Ltd. v. Piyushbhai Balvantrai Modi

Gujarat HC4 Jul 2018FA/2239/2018

Case brief

AI extract

What is this about?

The Gujarat High Court in an oral order dismissed the First Appeal filed by Reliance General Insurance Company Ltd challenging a compensation award of Rs. 7,27,088 made in favor of a pillion rider injured in a motor accident, noting the evidence of medical expenses and income loss was substantial.

What did the court decide?

First Appeal and Civil Application dismissed holding compensation quantum just and proper.

Reliance General Insurance Co. Ltd. Vs Piyushbhai… — Motor Accident Claims | Gujarat HC (2018)

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C/FA/2239/2018 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/FIRST APPEAL NO. 2239 of 2018 With CIVIL APPLICATION NO. 2 of 2018

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RELIANCE GENERAL INSURANCE CO. LTD

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Versus

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PIYUSHBHAI BALVANTRAI MODI

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Appearance:

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MR VIBHUTI NANAVATI(513) for the PETITIONER(s) No. 1 for the RESPONDENT(s) No. 1,2,3 MR MOHSIN M HAKIM(5396) for the RESPONDENT(s) No. 4

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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE B.N. KARIA

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Date : 04/07/2018

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ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI)

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First Appeal is filed by the insurance company challenging award passed by the Motor Accident Claims Tribunal, Vadodara dated 12.10.2017 in MACP No. 1150 of 2013. Respondent No.4- original claimant was the pillion rider on the motorcycle when the vehicle met with an accident with a car causing serious bodily injuries to the claimant. She was aged about 25 years and employed as data entry operator in a private firm. The Claims Tribunal held the driver of the car solely negligent in causing the accident. The Tribunal awarded compensation of Rs. 7,27,088/- which comprises of the future loss of income, actual loss of income, pain, shock and

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Page 1 of 2

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C/FA/2239/2018 ORDER

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suffering, medical expenses etc. As the appellant-insurance company was liable to satisfy the award, hence the appeal.

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We notice that the insurance company has not filed appeal in relation to the claim made by the motorcyclist himself. Thus, the insurance company virtually left the question of his negligence undisputed. Insofar as the quantum of compensation awarded in the present case is concerned, the large chunk of compensation comprised of actual medical expenses supported by documents. The computation of current and future loss of income is also just and proper. Hence, the First Appeal along with Civil Application is dismissed.

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(AKIL KURESHI, J)

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(B.N. KARIA, J)

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JYOTI V. JANI

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Page 2 of 2

Reliance General Insurance Co. Ltd. v. Piyushbhai Balvantrai Modi

Case brief

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Reliance General Insurance Co. Ltd. v. Piyushbhai Balvantrai Modi

Case brief

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