Bombay HC Upholds ₹35.92 Lakh MACT Award To Mother Of 13-Year-Old Accident Victim; Insurer’s Appeal Dismissed

Mumbai, Dec 06: The Bombay High Court has dismissed an appeal by an insurance company challenging a Motor Accident Claims Tribunal (MACT) award of Rs 35.92 lakh to a woman whose 13-year-old son died after sustaining grievous injuries in a 2019 road accident.

HC Rejects Insurer’s Appeal, Says Evidence Unrebutted

Justice Aarti Sathe, on December 2, upheld the MACT’s December 11, 2024 judgment, holding that the mother, Rajashri Sable, had proved her claim through unrebutted medical and police records, while the insurer, Reliance General Insurance Co. Ltd., had “failed to bring any contrary evidence on record”.

Accident Occurred in 2019; Child Succumbed After Two Months of Treatment

The accident occurred on November 8, 2019, when the motorcycle on which the child, Neil Sable, was riding pillion with his father was hit from behind by a truck at Mauje near Ghodbandar Gaon, Varsova Naka, on the Mumbai–Ahmednagar Highway. He suffered multiple serious injuries and remained under continuous treatment before succumbing on January 6, 2020.

MACT Granted Rs35.92 Lakh Compensation Against Rs70 Lakh Claim

Sable had sought Rs 70 lakh, including Rs 30 lakh towards medical expenses. The MACT awarded Rs 35.92 lakh, inclusive of no-fault liability under the Motor Vehicles Act.

Insurer Claimed Award Was Excessive & Challenged Notional Income Assessment

The insurer argued that the award was “excessive and arbitrary”, contending that the Tribunal erred in assessing the child’s notional income at Rs 8,000 per month and adding 40% towards future prospects without proof of actual earnings. It further claimed that the MACT failed to apply contributory negligence for non-compliance with helmet rules and granted medical expenses “without any basis”.

HC Says Award Was Evidence-Based & Well-Reasoned

Justice Sathe rejected these submissions, noting that the MACT had passed a “well-reasoned award” based on documentary evidence including the FIR, spot panchnama, medical records and bills. The court emphasised that the insurer had not disputed any medical bills nor examined witnesses before the MACT.

No Proof of Contributory Negligence, Policy Breach Plea Rejected

On contributory negligence, the court observed that the insurer had led no evidence to attribute fault to the child’s father. The plea of policy breach was also rejected, with the court noting that the insurance policy was valid on the accident date.

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HC Upholds 7.5% Interest Citing SC Precedent

Justice Sathe also upheld the 7.5% interest rate while referring to a Supreme Court judgement, where similar rates were upheld.

Mother Allowed to Withdraw Compensation; Insurer Told to Pay Balance in 3 Weeks

Dismissing the appeal, the court permitted Sable to withdraw the deposited amount and directed the insurer to pay any balance within three weeks.

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