Case Note & Summary
The appeal was filed by Bajaj Alliance Insurance Co. Ltd. challenging the order dated 4th July 2012 of the Motor Accident Claims Tribunal, Thane, which awarded Rs.11,71,394/- to the claimant, Rohidas Ambadas Chavan, for injuries sustained in a motor accident. The claimant, a doctor, suffered injuries and was absent from duty for 11 months. The Tribunal awarded Rs.6,60,000/- for loss of income from private practice and Rs.3,66,586/- for loss of income due to absence from duty. The Insurance Company argued that there was no evidence of income from private practice and that the award for loss of income due to absence from duty was excessive and amounted to double counting. The High Court found that the claimant had not produced any evidence of income from private practice, such as income tax returns or professional receipts, and therefore set aside the award of Rs.6,60,000/-. Regarding loss of income due to absence from duty, the High Court noted that the claimant had been paid his salary during the absence period and that the Tribunal had not deducted the amount paid by the employer. The High Court reduced the award from Rs.3,66,586/- to Rs.1,83,293/-, being half of the amount, as the claimant had not proved any loss beyond the salary paid. The High Court upheld the award of Rs.1,44,808/- for medical expenses as there was no evidence of reimbursement. The appeal was partly allowed, reducing the total compensation from Rs.11,71,394/- to Rs.3,28,101/-.
Headnote
A) Motor Accident Claims - Compensation for Loss of Income - Double Counting - Section 166 Motor Vehicles Act, 1988 - The Tribunal awarded Rs.6,60,000/- for loss of income from private practice and Rs.3,66,586/- for loss of income due to absence from duty. The High Court found that the claimant had not produced any evidence of income from private practice and that the award for loss of income due to absence from duty already covered the period of treatment. Held that the award for loss of income from private practice was without evidence and the award for loss of income due to absence from duty was excessive as it included the same period. (Paras 3-6) B) Motor Accident Claims - Compensation for Medical Expenses - Reimbursement by Employer - Section 166 Motor Vehicles Act, 1988 - The Tribunal awarded Rs.1,44,808/- towards medical expenses. The Insurance Company contended that the claimant had been reimbursed by his employer. The High Court noted that the claimant had not produced evidence of reimbursement and upheld the award. (Para 7)
Issue of Consideration
Whether the Tribunal erred in awarding compensation for loss of income from private practice and loss of income due to absence from duty without proper evidence and whether there was double counting.
Final Decision
Appeal partly allowed. Award of Rs.6,60,000/- for loss of income from private practice set aside. Award of Rs.3,66,586/- for loss of income due to absence from duty reduced to Rs.1,83,293/-. Total compensation reduced from Rs.11,71,394/- to Rs.3,28,101/-. No order as to costs.
Law Points
- Motor Accident Claims
- Compensation for Loss of Income
- Double Counting
- Evidence of Income
- Section 166 Motor Vehicles Act
- 1988
