Burden of Proof and Adverse Inference Regarding Insurance Policies in Motor Accident Claims

sketch of the Bombay High Court
Case
RAM GAJENDRAN @ RAJENDRA BALU KEVAT v. SHARAD SAIDAS LEMBHE and ANR. (Bombay High Court, 05-10-2026)
Law
Indian Evidence Act, Law of Torts, Motor Vehicles Act.

Highlights of the Judgment:

  • Examination of the burden of proof required to establish the existence of an insurance policy in motor accident claims.
  • Analysis of how a claimant discharges initial onus by producing police records and Regional Transport Office extracts.
  • Application of adverse inference against insurance companies withholding relevant policy or cover note records.
  • Principles governing joint and several liability of the insurer and insured for compensation awards.
  • Standards for computing enhanced compensation for personal injuries, including functional disability and medical expenses.