Page 31 - The Insurance Times September 2022

the family. As the insurer of the car that dashed her thanks to the initiatives taken by the company to settle the
husband, New India stepped into its statutorily obligated role matter for 65,00,000.
in the Motor Accident Claim Tribunal.
Here the Award amount.
Several rounds of negotiations were held with the claimants
with Interest was Rs. 10600000/- resulting in saving of
and the advocates of both the parties and many legal and
Rs. 41 lakhs.
technical issues were ironed out to pave the way for an
amicable settlement of the matter. Even though money can't compensate for human life, with
the company settling the matter an attempt was made to
Treading the fine line of social welfare and fiscal prudence, at least ease the monetary hardships of now not one but 2
Mumbai Legal Hub decided to settle the matter for a sum widows also proving in the process that the soul of the MV
of Rs. 75 Lacs. In doing so, the hub succeeded in ensuring act is essentially compassion and empathy more than
that the matter got resolved atleast two years prior to its anything else.
expected date and made a saving of over ? 35 lakh. Through
proactive action the hub not only ensured that financial
MACP 895/2017
compensation reached the claimants much before time, but
Though it is impossible to equate money with human
also prevented the drain of public money on interest
suffering agony and personal deprivation, the company
payments and litigation costs.
settling the case should make an honest and serious attempt
to award damages so far as money can compensate the loss
MACP 2348/2015
regard must be given to the gravity and degree of
On the fateful day of 4th of December in the year 2015 a deprivation as well as a degree of awareness of the
set of aging parents lost their son and a young wife lost her deprivation.
husband when Mr Sohel Sayyed Khan became a victim of
an unfortunate road accident. The general principle which should govern the assessment
of damages in personal injury cases is that the company
He was what every parent aspires for their childyoung, should offer the injured person such a sum as well put him
vicious and successful for his age. He worked as a senior GIS in the same position as he would have been if he had not
analyst at a good pay. They lost the support care love and sustained injuries.
affection of their son one fine morning. A young woman
barely married for a couple of years was left without a In the road accident in question the claimant has suffered
companion out of the blue. permanent physical disability to the extent of 100% in
relation to both upper as well as lower limbs.
The matter was filed in 2015 but while the old father
unfortunately passed away waiting for any kind of justice At the young age of 19 years the petitioner has been
being meted out to him the end only came insight for the confined to bed for the rest of his life owing to injuries
struggling widow and the now much older mother in 2022, 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 limbs
are 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.

The Insurance Times, September 2022 31