G. P. Mittal, J. (Oral):--

1. The Appellant Shriram General Insurance Co. Ltd. impugns a judgment dated 10.03.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 11,92,600/- was awarded in favour of Respondents No. 1, 2 and 3 for the death of Pappu @ Puspender, who succumbed to fatal injuries suffered in a motor vehicular accident which occurred on 23.08.2010.

2. The appellant’s grievance is that the offer given by the Appellant Insurance Company as per the Claims Tribunal’s agreed procedure was not accepted by the claimants. The only option available to the Claims Tribunal was to proceed with the inquiry in respect of the claim petition under Section 166 of the Motor Vehicle Act, 1988. It is urged that the Claims Tribunal erred in dispensing with the proof of negligence and proof of deceased’s income in awarding the compensation.

3. The issue is covered by Oriental Insurance Co. Ltd. v. Asha Kalra (Smt). CM(M).749/2012 decided on 30.07.2012 and Bajaj Allianz General Insurance Company Ltd. v. Smt. Reshnu Nisha & Ors., MAC.APP.503/2012 decided on 17.12.2012.

4. In Bajaj Allianz General Insurance Company Ltd. v. Smt. Reshnu Nish