IFFCO TOKIO GENERAL INSURANCE CO. LTD Vs. SEHNAZ

JUDGEMENT

(1.) The Appellant IFFCO Tokio General Insurance Company Ltd. impugns a judgment dated 18.07.2011 passed by Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 9,51,284/- was awarded in favour of the Respondents No.1 to 6 for the death of Guddu @ Sartaz, who died in a motor vehicle accident which took place on 02.05.2007.

(2.) The finding on negligence is not challenged by the Appellant Insurance Company.

(3.) There is twin challenge to the impugned judgment. First, that the compensation awarded towards non pecuniary damages, that is, loss of love and affection, loss of consortium, loss to estate and funeral expenses is on the higher side; and second, that the Appellant Insurance Company successfully proved the breach of the terms of policy, yet instead of passing a specific order granting recovery rights to the Appellant, the Claims Tribunal held that "at the most recovery rights, if any may be given to R-3." It is thus, urged that the Claims Tribunal's order with regard to the recovery rights was completely vague.