ORIENTAL INSURANCE CO LTD Vs. RAHUL SHARMA

JUDGEMENT

(1.) THE Appellant Oriental Insurance Co. Ltd. impugns judgment dated 26.08.2013 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby compensation of Rs.14,54,005/ - was awarded in favour of Respondent no.1 for having suffered injuries in a motor vehicular accident which occurred on 12.10.2011 at about 13:30 hrs.

(2.) IT may be noted that the instant claim petition was filed under Section 166 of the Motor Vehicles Act, 1988(the Act). The Appellant Insurance Company in terms of the agreed procedure made an offer of Rs.6,90,000/ - in full and final settlement of the claim of Respondent no.1. The said offer was however, not accepted. Thus, the Claims Tribunal proceeded to compute the compensation on merits without going into the proof of negligence.

(3.) IT is urged by the learned counsel for the Appellant Insurance Company that once the offer was not accepted, the petition under Section 166 of the Act was to be decided on merits. Issue of negligence was also required to be framed and decided. This question was gone into by this Court in Oriental Insurance Co. Ltd. v. Asha Kalra, 2012 131 DRJ 171. Paras 8 to 13 of the report in Asha Kalra are extracted hereunder: