Mumbai, Jan 22: The Bombay High Court has imposed costs of Rs 2 lakh on HDFC Ergo General Insurance Co. Ltd. for filing an unwarranted challenge to a Motor Accidents Claims Tribunal (MACT) award of Rs 45.25 lakh granted to an Air India cabin crew member who suffered permanent disability in a road accident.
Appeal dismissed
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad dismissed the insurer’s appeal, holding that findings of fact recorded by a MACT cannot be reopened in writ proceedings merely on the ground that the evidence was insufficient or inadequately appreciated.
Accident and disability
The case arose from a November 18, 2014, accident in which Adil Lutfi Peters (53), a cabin crew member with Air India, was hit by a speeding car while riding his motorcycle. The accident left Peters with 100 per cent permanent disability. At the time, he was earning around Rs 2 lakh per month.
Tribunal award challenged
The Tribunal, after considering the evidence on record, awarded compensation of Rs 45.25 lakh to Peters. Challenging this, HDFC Ergo argued that the Tribunal failed to properly appreciate the evidence, did not permit the impleadment of certain “necessary” parties, and ignored contradictions in Peters’ testimony—particularly on whether the offending vehicle hit him from the front or the rear.
Court rejects insurer’s arguments
The bench, however, found no merit in these submissions. It observed that minor inconsistencies in a witness’s statement do not become material unless they undermine the very foundation of the case.
“We are of a definite opinion that no interference is required merely because of a contradiction as to whether the victim was hit from the rear or the front,” the judges said.
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Limits of writ jurisdiction
The bench emphasised that the tribunal’s primary function is to determine just and fair compensation. It further clarified that the adequacy or sufficiency of evidence cannot be examined in writ jurisdiction.
Costs imposed
Dismissing the appeal, the bench directed HDFC Ergo to pay Rs 2 lakh as litigation costs to Peters, in addition to the compensation already awarded.
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