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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
ASHUTOSH KUMAR
National Insurance Company Ltd., through Regional Manager – Appellant
Versus
Aarti, W/o. Late Sanwar Lal – Respondent
Compensation in accident cases must reflect actual loss and adhere to principles of justice for claimants.
Insurance companies must adhere to statutory requirements for settling claims, with the burden of proof lying on claimants to establish their entitlement to compensation.
The execution of decrees must comply with the law and respect the parties' rights, ensuring a fair hearing is granted to all involved.
Compensation in civil appeals must reflect just and reasonable principles based on the specific circumstances of the case.
The calculation of compensation for personal injury is to be based on established norms, and courts must maintain the Tribunal's award unless substantial evidence for reassessment is provided.
The appellate court emphasized that substantive justice must prevail over procedural technicalities, correcting any errors found in lower court decisions.
Compensation in motor accident cases must reflect actual financial loss to dependents, maintaining just and reasonable standards regardless of technicalities in income calculations.
The terms of an insurance policy are binding, and the insurer must compensate under justifiable circumstances as per policy coverage.
The court underscores the need for statutory recognition in decision-making related to appeals, particularly in age determination cases.
Claims in civil disputes must be substantiated with adequate evidence; lack of proof can lead to dismissal of appeals.
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