Insurance Article, The Insurance Times 2022, The Insurance Times September, 2022


FA No 1345/2015 in MACT Case 634/2002 at Pune

On an eventful day, 35 years ago, a meritorious and bright student, Mr. Aniruddha Dashrath Anand, having dreams of making it big in life, was travelling in a motorcycle with his friend. Due to incessant rain on that unfortunate day, the motorcycle driver lost control and Mr. Anand was pushed into a life of pain and suffering. He was in coma for 21 days after that. However, that was only the beginning of a life, that could have been adored with unending heights of greatness, but for the accident, was languishing in the nadir of despair, frustration and mental agony. In an attempt to ameliorate some of his suffering, we settled the matter at the High Court, Bombay in 2022, during the National Lok Adalat for an amount of Rs 43,50,000/- (32 lakhs plus accrued interest) towards the full and final settlement. This was the least we could do for the budding engineer the society lost on that day.

FA No 426/2015 in MACT Case 85/2013 at Satara

A teacher in a school, Mr. Bhaurao Bhangare, was busy in grooming the next generation of our society. However, all came to a halt on that fateful day of 14.01.2013, when he was dashed by a Jeep while crossing the road. His family lost the sole bread-earner at an age when he was just about to bloom into a fine human being, the care-giver for his wife, the doting father to his daughters, the last resort of his ageing parents. We can never compensate for their loss, but within our limited capacity, we settled the case for an amount of Rs 62,00,000/- to give some financial security to the bereaved family.

Settlement of case for 75 lacs :

On the unfortunate day of 17th of october, 2015, Smt. Swati NareshPatil lost her husband, the only earning member of the family. As the insurer of the car that dashed her husband, New India stepped into its statutorily obligated role in the Motor Accident Claim Tribunal.

Several rounds of negotiations were held with the claimants and the advocates of both the parties and many legal and technical issues were ironed out to pave the way for an amicable settlement of the matter.

Treading the fine line of social welfare and fiscal prudence, Mumbai Legal Hub decided to settle the matter for a sum of Rs. 75 Lacs. In doing so, the hub succeeded in ensuring that the matter got resolved atleast two years prior to its expected date and made a saving of over ₹ 35 lakh. Through proactive action the hub not only ensured that financial compensation reached the claimants much before time, but also prevented the drain of public money on interest payments and litigation costs.

MACP 2348/ 2015

On the fateful day of 4th of December in the year 2015 a set of aging parents lost their son and a young wife lost her husband when  Mr Sohel Sayyed Khan became a victim of an unfortunate road accident.

He was what every parent aspires for their childyoung, vicious and successful for his age. He worked as a senior GIS analyst at a good pay. They lost the support care love and affection of their son one fine morning. A young woman barely married for a couple of years was left without a companion out of the blue.

The matter was filed in 2015 but while the old father unfortunately passed away waiting for any kind of justice being meted out to him the end only came insight for the struggling widow and the now much older mother in 2022,  thanks to the initiatives taken by the company to settle the matter for65,00,000.

Here the Award amount.

with Interest was 10600000/- resulting in saving of 41 lakhs.

Even though money can’t compensate for human life, with the company settling the matter an attempt was made to at least ease the monetary hardships of now not one but   2 widows also proving in the process that the soul of the MV act is essentially compassion and empathy more than anything else.

MACP 895/2017

Though it is impossible to equate money with human suffering agony and personal deprivation, the company settling the case should make an honest and serious attempt to award damages so far as money can compensate the loss regard must be given to the gravity and degree of deprivation as well as a degree of awareness of the deprivation .

The general principle which should govern the assessment of damages in personal injury cases is that the company should offer the injured person such a sum as well put him in the same position as he  would have been if he had not sustained injuries.

In the road accident in question the claimant has suffered permanent physical disability to the extent of 100% in relation to both upper as well as lower limbs.

At the young age of 19 years the petitioner has been confined to bed for the rest of his life owing to injuries sustained in the accident .

It has been specifically opined by the doctor of the medical board that the petitioner had no scope of improvement as it was a case of cervical spine injuries and that the petitioner would continue to be 100% dependent on others for  survival including necessities of eating and passing out.

The petitioner suffers from quadriplegia has all his 4 limbsare affected The claimant had come to our office and we had seen his pitiable condition. There were series of discussions with both our advocate as well as applicant advocate before we settled the matter 49,00,000.

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