NEW INDIA ASSURANCE CO. LTD. Vs. ROHINEE MICHIGAN

JUDGEMENT

(1.) THIS is application for condonation of delay of 32 days in filing the present appeal. In view of the submissions made therein, the application is allowed and the delay in filing this appeal is hereby condoned. The application stands disposed of.

(2.) THE present appeal has been preferred by the insurance company on the grounds that the Tribunal failed to take into consideration the fact that the accident took place due to rash and negligent driving of the Jeep by its driver and that the Tribunal erred in making insurance company liable to pay compensation Equivalent Citation:2010 -KantLJ -6 -471 in respect to the death of the deceased. The Tribunal failed to understand the ratio of Kaushnuma Begum & Others v. The New India Assurance Co. Ltd., 1(2001) SLT 300 and failed to take into consideration the law laid down by the Supreme Court in Minu B. Mehta & Others v. Bal Krishna Ramchandra Nayan, 1977 ACJ 118.

(3.) THE learned Tribunal after considering the evidence of two versions came to conclusion that driver side version was more probable. However, the Tribunal observed that the doctrine of res ipsa loquitur was not applicable in the present case. The Tribunal also observed that in view of Kaushnuma Begums case (supra), the rashness or negligent of the driver had lost importance.