High Court Rejects Compensation for Unproven Private Practice and Salary Loss During Paid Leave.
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Case: BAJAJ ALLIANCE INSURANCE CO. LTD. v. SHRI ROHIDAS AMBADAS CHAVAN AND ANR
Court: Bombay High Court
Date: 07-07-2026
Law: Motor Vehicles Act, Indian Evidence Act, Code of Civil Procedure.
Highlights of the Judgment:
- Examination of the perversity in awarding compensation for loss of salary when evidence confirms the claimant received pay during leave.
- Analysis of the burden of proof regarding claims for additional income from private medical practice by government employees.
- Interpretation of the Motor Vehicles Act as welfare legislation and the judicial stance against its use for profiteering.
- Judicial disagreement with the presumption that government doctors inherently maintain a private practice without documentary evidence.
- Requirement for proving statutory compliance and government permission for dual employment or private practice.
- The evidentiary value of cross-examination admissions in rebutting claims for loss of earnings.