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Bombay High Court

HDFC ERGO GENERAL INSURANCE COMPANY LTD.,versusBHUSHAN SURESH SONAR AND ANR.

Decided
Disposal
Partly Allowed

Holding

The insurer’s appeal is dismissed and the claimant’s appeal is partly allowed, with the insurer remaining liable for compensation and the claimant entitled to repayment of the Mediclaim amount with interest.

Summary

The High Court heard two appeals arising from the same motor accident compensation award. The insurer (HDFC Ergo GIC) appealed on the ground that the driver of the offending vehicle did not possess a valid licence, alleging a fake licence defence, while the claimant (Bhushan Suresh Sonar) sought enhancement of compensation for injury, permanent disability, loss of future earnings and to recover a sum deducted for a Mediclaim reimbursement. The Court held that the insurer had not raised a specific pleading regarding the licence issue, so the evidence was rightly excluded and the insurer remained liable. It found that the claimant had not proved that his disability affected future promotions or earnings, and therefore no additional compensation for loss of income was warranted. However, the Court corrected the tribunal’s deduction of the Mediclaim amount, ordering that the claimant be repaid Rs. 3,67,270 with interest. The insurer’s appeal was dismissed and the claimant’s appeal was partly allowed.

Issues considered

  • The insurer’s defence that the driver lacked a valid driving licence negates liability for compensation.
  • Whether the tribunal erred in failing to enhance compensation for the claimant’s injury, permanent disability, and future loss of income and prospects.
  • Whether the deduction of the Mediclaim reimbursement from the compensation award is permissible.

Subjects

  • insurance liability
  • motor accident compensation
  • fake driving licence
  • compensation enhancement
  • future loss of earnings
  • mediclaim deduction
  • tribunal award
  • appellate jurisdiction

Judgment

                                                                         52-FA-1848-2025+.DOC




                                                                                       Shephali


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                      FIRST APPEAL NO. 1848 OF 2025

                      Bhushan Suresh Sonar                                       …Appellant
                            Versus
                      Reliance Industries Ltd & Ors                           …Respondents

                                                  WITH
                                      FIRST APPEAL NO. 2287 OF 2025

                      HDFC Ergo GIC                                              …Appellant
                           Versus
                      Bhushan Suresh Sonar & Anr                              …Respondents


                      Ms Shradha K Nakadi, with Rupesh K Bobade, for the Appellant in
                           FA/1848/2025 and for Respondent No. 1 in FA/2287/2025.
                      Mr Sarthak Diwan, for the Respondent in FA/1848/2025 and for
                           the Appellant in FA/2287/2025.


                                           CORAM:          R. M. JOSHI, J.
                                           DATED:          13TH JANUARY 2026
                      PC:-

                      1.     By consent of both sides heard finally at the stage of

                      Admission.


                      2.      Both Appeals arise out of the same Judgement and

                      Order and involve same question of law and facts. By consent

                      of both sides, heard and decided together.

         Digitally
         signed by
         SHEPHALI
SHEPHALI SANJAY
SANJAY   MORMARE
MORMARE Date:
         2026.01.20
         18:24:34
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3.    Insurer has filed Appeal taking exception to the

Judgment and Order dated 17th May 2022 passed in MACP

No. 600 of 2016 essentially on the ground that the Insurer is

not liable to pay the compensation in view of the fact that the

Insurer by leading evidence has substantiated before the

Tribunal that at the relevant time, the driver driving the

offending vehicle was not holding valid and effective driving

license.


4.    As far as Claimant is concerned, he seeks enhancement

of the compensation on the ground that the Tribunal has

failed to take into consideration the nature of injury caused to

the Claimant and the disability assessed by the Doctor. The

enhancement is also sought on the ground that the Tribunal

has failed to consider the future loss of income, so also,

future prospects.


5.    Learned counsel for the Insurer submits that the Insurer

has raised defence of fake driving license, so also, in

paragraph 5 of the Written Statement, it is specifically




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claimed that the driver was not holding valid and effective

license. According to him, after taking such specific plea, the

Insurer has led evidence before the Tribunal to show that the

driver of the offending vehicle was not holding valid and

effective license to drive the heavy goods vehicle. It is his

submission that Tribunal ought to have considered the said

evidence on record and discharge the liability of the Insure.

On these amongst other contentions exception is taken the

impugned Judgment and Award.


6.   Learned counsel for the Claimant opposed the said

contention by pointing out the Written Statement, so also, the

findings recorded by the Tribunal on the issue.


7.   Needless to emphasise that any amount of evidence led

by a party sans pleading needs to be kept out of

consideration. Though it is sought to be argued now that

there is a specific plea raised by the Insurer in the Written

Statement with regard to driver not holding valid and effecive

driving license, a conjoint reading of paragraph 4 and 5




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indicates that the said statement is not with regard to the

valid and effective driving license held by driver but it is to

support the claim of the Insurer with regard to the fake

license. Thus, in absence of any specific plea being raised by

the Insurer, the evidence led before the Tribunal requires

discardance and it been rightly done so by the Tribunal. In

these circumstances, no fault can be found with the findings

of the Tribunal on the said issue.


8.    In so far as the enhancement sought by the Claimant, it

is the contention of the learned counsel for the Claimant that

the Tribunal has failed to consider the evidence led by the

Claimant with regard to the injuries and the permanent

disability caused arising out of the said injuries. It is further

argued that the Claimant has led evidence of the employer

which indicates that in case the Claimant had not sustained

disability, he would have got promotion as a Manager and

since the same has not been achieved by him, there is loss of

income, so also, his future prospects are adversely affected. In

this regard, references are made to the evidence of claimant


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as well as the employer. It is further argued that the Tribunal

has erred in deducting a sum of Rs. 3,67,270/-which was

received by the Claimant under the Mediclaim Policy. It is her

submission that any such amount received by the claimant

cannot be deducted from the payment of compensation. To

support all these submissions, she placed reliance on the

following Judgments:


     (a)    Vasant Bugde vs Vasant Raghunath Joshi;1
     (b)    Mohd Sabeer alias Shabir Hussain vs Regional
            Manger, UP State Road Transport Corporation.2

9.   Learned counsel for the Insurer opposed the plea of

enhancement on the ground that the Tribunal has taken into

consideration the admissions of the claimant with regard to

he having received at least two promotions after the

occurrence of the accident and his salary is also increased

considerably.   It is a submission that having regard to all

these facts, the Tribunal has rightly refused the compensation

for future loss of income and future prospects. He drew



1    2015 2 ACC 219: 2015: 2 BomCR 326.
2    2023 ACJ 1: 20231 Supreme 564.



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attention of the Court to the amount of compensation granted

by the Tribunal,       according to him, is just and fair

compensation in the facts of the case.


10.   No doubt, in case the claimant is in the position to

establish that there is a loss of income or on account of the

permanent disability, and the future income is likely to be

affected, he is entitled to be compensated for the same. The

perusal of the evidence on record, more particularly, the

admission of the claimant in his cross-examination that his

salary is increased after the occurrence of the accident, so

also, he is granted two promotions and at the time of

deposition before the Tribunal, he was holding the post of

Assistant Manager. No doubt the employer claims that the

Claiming could have got the promotion as a manager,

however, in the cross-examination, candid admission is given

to the effect that except for the bare statement of this witness,

there is no other material to support the said contention. As

far as grant of promotion, there are number of factors on the

basis of which decision of grant or refusal thereof is


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dependant. In absence of specific evidence, that owing to

disability of Claimant, promotion has been refused, it cannot

be held so.


11.     Having regard to the nature of injuries caused to the

claimant, and the other evidence which shows that there is no

adverse effect on his income or even future prospects, the

Tribunal was fully justified in not compensating him for the

same.


12.     The Tribunal, however, ought not to have directed

deduction of a sum of Rs. 3,67,270/-            towards the

reimbursement received by him under the Mediclaim Policy.

Now it is the settled position of law that the entitlement of

the compensation is not dependent upon the reimbursement

made under any other policy/ Mediclaim Policy, which is

obtained by paying premium.


13.     In view of the above discussion, Appeal filed by the

Insurer is dismissed. Appeal filed by the Claimant is partly

allowed. It is held that over and above the compensation



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granted by the Tribunal, Claimant is entitled to receive a sum

of Rs. 3,67,270/- along with the interest at rate of 8% per

annum from the rate of filing of the application till

realisation. Rest of the Judgment and Award passed by

Tribunal to remain unchanged.


14.   In view of the above, I pass the following order:


                                  ORDER

      (a)   The Appeal is dismissed.

      (b)   The Claimants are permitted to withdraw the
            deposited     amount     along with accrued interest
            thereon.

      (c)   The statutory amount be transmitted to the Tribunal
            along with accrued interest thereon. The parties are
            at liberty to withdraw it as per Rule.

      (d)   R & P be sent back to the Tribunal.

15.   In view of dismissal of the Appeal, pending Applications, if

any, stand disposed of.


                                                     (R. M. JOSHI, J.)
                                                                         {




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