NEW INDIA ASSURANCE CO LTD Vs. HIMDARI DUTTA

JUDGEMENT

(1.) THE Appellant impugns a judgment dated 30.11.2011 whereby a compensation of Rs.18,80,000/- was awarded to the Respondent No.1 to 3 for the death of Dr.Nabonita Dutta in an accident which took place on 29.12.2004.

(2.) ONE of the grounds urged on behalf of the Appellant/Insurance Company is that due opportunity to prove its defence was not granted to the Appellant.

(3.) IN the circumstances, the impugned judgment so far as it relates to proving breach of terms of policy on the part of the insured is set aside. The case is remanded back to the Claims Tribunal for the decision on the issue of liability afresh after granting due opportunity to the Appellant to lead its evidence.