RELIANCE GENERAL INSURANCE CO. LTD Vs. KAVITA

JUDGEMENT

(1.) THE Appeal is directed against a judgment dated 06.10.2010 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby a compensation of Rs.15,77,000.00 was awarded for the death of Rakesh who died in a motor vehicle accident which occurred on 25.06.2010.

(2.) A perusal of the Trial Court record reveals that a DAR(Detailed Accident Report) was filed by the Appellant Insurance Company whereby the Appellant made a legal offer of a sum of Rs.8,75,000.00 as full and final settlement. The offer was not considered to be reasonable and, therefore, was rejected by the Respondents(Claimants). The Claims Tribunal proceeded to determine the quantum of compensation on merits. At the same time, the Claims Tribunal held that since the Appellant Insurance Company had given an offer of Rs.8,75,000.00, the Claimants were not required to prove negligence. Thus, no issue was framed on negligence and on the basis of evidence led by the Claimants to prove the deceased's income and other relevant factors, compensation as stated earlier was awarded.

(3.) THE case was listed today for disposal of the Application (CM. APPL.19236/2012) for release of amount in favour of the Respondents. Since the liability to pay the compensation in the manner as adopted by the Claims Tribunal was disputed, the parties agreed for disposal of the Appeal finally.