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

2023 Supreme(Del) 2991

NAVIN CHAWLA
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Dharmender Bhati – Respondent


Advocates appeared:
Ms.Neerja Sachdeva, Advocate, for the Appellant.
Mr. S.N. Parashar, Advocate, for Claimants.

JUDGMENT

Navin Chawla, J. (Oral)

1. These appeals have been filed challenging the Award dated 12.09.2018 passed by the learned Motor Accidents Claims Tribunal (SE-01), Saket Courts, New Delhi (hereinafter referred to as the `Tribunal') in MACT Case No.4463/2016, Dharmender Bhati v. Amit & Ors., and in MACT Case No.3949/2016, titled Smt. Prakashi Devi & Anr. v. Sh. Amit & Ors., where claims were raised arising out of the same accident.

2. The limited challenge of the appellant to the Impugned Award is that the respondents/claimants had failed to prove before the learned Tribunal that the offending vehicle was being driven in a rash and negligent manner.

3. The learned counsel for the appellant submits that while the accident was alleged to have taken place on 03.12.2014, the FIR was lodged with a considerable delay on 19.12.2014. She submits that the claimant and the respondent no.1 are relatives and therefore, connivance cannot be ruled out.

4. On the other hand, the learned counsel for the respondent no.1/claimants submits that a Charge-Sheet has been filed against the driver of the offending vehicle. The manner of the accident was also proved before the learned Tribunal, clear

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