Insurance Australia Limited t/as NRMA Insurance v Tanuja Banu [2026] NSWPIC 357
A recent decision of the Personal Injury Commission is a timely reminder that a claimant’s obligation to provide relevant evidence is critical when pursuing a claim for economic loss.
What happened?
The claimant sought damages following a motor vehicle accident and claimed she had suffered a loss of income while working in her husband’s cleaning business.
To properly assess the claim, the insurer requested copies of her payslips and issued a Direction for Production to her husband’s company. However:
- The requested payslips were not fully provided.
- The employer failed to comply with the Direction for Production.
The key issue
The Commission had to decide whether it could fairly determine the damages claim without this important evidence.
The decision
Senior Member Capel concluded that the claim was not suitable for assessment by the Personal Injury Commission and exempted it under section 7.34(1)(b) of the Motor Accident Injuries Act 2017 (NSW).
The Commission found that:
- The outstanding payslips had clear relevance to the claimant’s economic loss claim.
- Unlike a court, the Commission does not have the power to compel compliance with a Direction for Production.
- Without access to the necessary evidence, the Commission could not provide both parties with a fair hearing.
Why this matters
This case highlights an important practical lesson:
✅ If you are claiming loss of earnings, you must be prepared to produce reliable financial records.
✅ If essential documents cannot be obtained through the Commission’s processes, your matter may be exempted and proceed through the Court instead.
✅ Both claimants and insurers are entitled to a fair process, and relevant evidence is fundamental to achieving a just outcome.
At Alliance Compensation & Litigation Lawyers, we regularly advise clients on CTP claims, economic loss disputes, and navigating the Personal Injury Commission. Ensuring the right evidence is available from the outset can save significant time, cost, and unnecessary litigation.
Need advice about your CTP claim? Contact our experienced team today for clear, practical legal guidance.
