Absence of Permanent Disability Does Not Bar Compensation for Bodily Injury in Motor Accidents

sketch of the Bombay High Court
Case
MITALI MANOHAR SAWANT v. DATTA MARUTI GHULE AND ORS. (Bombay High Court, 07-10-2026)
Law
Indian Evidence Act, Indian Penal Code, Motor Vehicles Act.

Highlights of the Judgment:

  • Detailed examination of whether a permanent disability certificate is a mandatory prerequisite for awarding compensation for bodily injury under the Motor Vehicles Act.
  • Judicial interpretation of bodily injury under Section 165 encompassing both temporary and permanent physical trauma.
  • Evidentiary relevance of medical certificates that remain unchallenged during witness cross-examination.
  • Application of established jurisprudential principles distinguishing pecuniary and non-pecuniary damages in accident claims.
  • Determination of joint and several liability of vehicle owners and insurance companies in motor accident litigation.