Mumbai Consumer Commission Upholds ₹16.49 Lakh Compensation To Honda Accord Owner, Rejects Tata AIG Appeal
Mumbai, November 12, 2026: The Maharashtra State Consumer Disputes Redressal Commission has upheld an order directing Tata AIG General Insurance Company to pay ₹16.49 lakh to a Honda Accord owner whose insurance claim was rejected following an accident on allegations of drunken driving. Dismissing the insurer’s appeal, the commission held that Tata AIG had failed to establish through reliable…
On November 12, 2026, the Maharashtra State Consumer Disputes Redressal Commission upheld a decision ordering Tata AIG General Insurance Company to pay ₹16.49 lakh to the owner of a Honda Accord whose insurance claim was rejected following an accident. The commission dismissed the insurer's appeal, ruling that Tata AIG had failed to provide reliable evidence of drunken driving.
The case originated in May 2005 when the Honda Accord collided with another vehicle near Mahim, and a police report alleged that the driver, Kabir Bhogilal, was under the influence of alcohol. The blood test revealed an alcohol content of 0.126%. Tata AIG rejected the claim, but the District Commission found that the insurer had not presented conclusive evidence of the driver's intoxication due to issues with the blood sample, lack of a breathalyzer test, and questionable analysis procedures.
The State Commission upheld the District Commission's ruling, emphasizing that when an insurer invokes an exclusion clause like drunken driving, the burden of proof lies with the insurer. The commission also noted that the criminal proceedings against Kabir Bhogilal had been dismissed after an amicable settlement, questioning the reliability of the Forensic Science Laboratory's report without establishing the chain of custody and preservation of the blood sample.
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