Authority: High Court of Jammu & Kashmir and Ladakh at Jammu
Order Date: 07.08.2026
Case Overview
- Appellant: New India Assurance Co. Ltd., represented by Advocate Amrit Sarin.
- Respondent: Pervaiz Ahmed Bhat (and others), represented by Advocate Arjun Mengi.
- The dispute arose from a Motor Vehicles Act claim (Sections 140 & 166) for a road accident on 16.09.2018 at Gugava Pul, Kanpur Nagar, Uttar Pradesh.
- The MACT Tribunal, Ramban, awarded the respondent Rs 52,79,945 with interest at 7.5% per annum and directed the insurer to pay, allowing recovery from the driver/owner.
- The insurer appealed on five grounds: alleged contributory negligence, incorrect functional disability assessment (claimed 75% vs. tribunal’s 100%), improper income calculation (Rs 10,500 vs. Rs 15,000 per month), unwarranted future medical expense award of Rs 1 lac, and excessive pain‑and‑suffering/loss‑of‑amenities compensation.
- Evidence included the claimant’s testimony, witnesses Javed Ahmed, Imtiyaz Ahmed, Manzoor Ahmed, and Dr. Rafi, and the insurer’s witness Aman Ghai.
- The tribunal’s award breakdown: medical expenses Rs 95,945, attendant/transport/diet charges Rs 50,000 each, artificial limb Rs 5,00,000, future medical expenses Rs 1,00,000, pain & suffering Rs 1,00,000, loss of amenities Rs 1,00,000, total Rs 52,79,945.
Final Outcome
- The High Court partially allowed the appeal, setting aside the Rs 1 lac future medical expense and correcting a Rs 50,000 mis‑calculation in the total award.
- Revised award components:
- Medical, attendant, transport, diet charges: Rs 2,45,945
- Artificial limb: Rs 5,00,000
- Pain and suffering: Rs 1,00,000
- Loss of amenities of life: Rs 1,00,000
- Total revised compensation: Rs 52,29,945.
- All other terms, including interest, remain unchanged.
- The excess amount (if any) deposited with the Court Registry shall be released to the appellant (New India Assurance). The balance, together with interest, shall be released to the respondent after identification and payment of court fees.
Topics: Court Judgment, Motor Accident Compensation, Insurance Liability