In a recent court decision from Mumbai, Bajaj Allianz General Insurance Company lost an appeal against Alka Vijay Chautray. The court upheld a compensation award of over 58 lakh rupees for injuries Alka sustained in a road accident.
On January 8, 2015, Alka Chautray was injured when a tempo driver reversed at high speed, hitting her outside her workplace in Mumbai. The Motor Accident Claims Tribunal (M.A.C.T.) in Mumbai found the driver guilty of careless and unsafe driving. The tribunal awarded Alka Rs. 58,54,183 with 7.5% yearly interest from the claim's filing date.
"The driver of the vehicle was careless and unsafe," the tribunal concluded.
Bajaj Allianz challenged the tribunal's decision for several reasons:
Justice S.M. Modak, who reserved judgment on October 15, 2025, and announced it on November 11, 2025, addressed these points:
License Issue: The court mentioned a Supreme Court ruling, stating a license for smaller vehicles is enough for driving vehicles like the tempo.
Mediclaim Deductions: The court maintained that mediclaim benefits are separate from the compensation required by law, citing a Full Bench judgment.
Retirement and Income: The court found no reason to consider Alka's pension or voluntary retirement benefits as deductions from her compensation.
"Retirement benefits are different," the court said, emphasizing they are unrelated to the compensation required by law.
Alka suffered significant injuries, leading to a 43% permanent disability. After initial treatment in Dombivli, she was moved to MGM Hospital in Navi Mumbai. The court acknowledged her disability and the impact on her earnings.
The appeal was dismissed, and Bajaj Allianz was ordered to pay the remaining compensation amount promptly. The court's decision reinforced the original award, ensuring Alka receives the full compensation for her suffering and loss.
