SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2012 Supreme(Del) 3131

G.P.MITTAL
Reliance General Insurance Co. Ltd. – Appellant
Versus
Kavita – Respondent


Advocates:
Through Mr. Pankaj Seth, Advocate
Through Mr. J.S. Mann, Advocate for the Respondents No.1 to 5.

JUDGMENT :

G. P. Mittal, J.


1. The Appeal is directed against a judgment dated 06.10.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 15,77,000/- was awarded for the death of Rakesh who died in a motor vehicle accident which occurred on 25.06.2010.

2. A perusal of the Trial Court record reveals that a DAR(Detailed Accident Report) was filed by the Appellant Insurance Company whereby the Appellant made a legal offer of a sum of Rs. 8,75,000/- as full and final settlement. The offer was not considered to be reasonable and, therefore, was rejected by the Respondents(Claimants). The Claims Tribunal proceeded to determine the quantum of compensation on merits. At the same time, the Claims Tribunal held that since the Appellant Insurance Company had given an offer of Rs. 8,75,000/-, the Claimants were not required to prove negligence. Thus, no issue was framed on negligence and on the basis of evidence led by the Claimants to prove the deceased’s income and other relevant factors, compensation as stated earlier was awarded.

3. It is urged by the learned counsel for the Appellant that when the legal offer given by the Appellant Insurance Co























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top