ORIENTAL INSURANCE CO LTD Vs. POOJA CHAWLA

JUDGEMENT

(1.) THE Petitioner is aggrieved by an order dated 16.09.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby the Petitioner's request for filing complete Detailed Accident Report (DAR) by the Investigating Officer and supply of proof of the Claimant's income was rejected and the Petitioner was directed to file the report of its designated officer within a period of three weeks. The Petitioner was also burdened with costs of Rs.25,000/-.

(2.) THE Petitioner states that by order dated 07.05.2011, the Claims Tribunal directed it to file the statement of facts in form G within ten days and required it to examine the DAR given by the Investigating Officer and take a decision in writing with regard to the quantum of compensation payable to the Claimant in accordance with law. The Petitioner submits that without the Claimant's salary certificate, Leave Certificate, Medical Bills, Discharge Summary and the Disability Certificate the quantum of compensation could not have been assessed by it and thus a reasoned decision for a legal offer could not have been given.

(3.) RULE 3 of the Claims Tribunal Agreed Procedure deals with the duties of the Investigating Officer on receipt of information of an accident. The relevant portion is extracted hereunder:-