0

The Appellant Company is liable to make good the compensation determined by the Learned Claims Tribunal to the victims in the accident: High court of Sikkim

Petitioner seek a direction to the respondent to recall of witness power to be invoked to meet the ends of justice for strong and valid reasons with cautions and circumspection, and the same issue was held in the judgement passed by a single bench judge Hon’ble MRS. JUSTICE MEENAKSHI MADAN RAI, In the matter The Branch Manager, New India Assurance Co. Ltd. versus  Smt. Geeta Khatiwara and Others [MAC App. No.04 of 2020] dealt with an issue mentioned above.

The Learned Claims Tribunal, North Sikkim, at Mangan, vide the impugned Judgment, dated 23-12-2019, in MACT Case No.04 of 2019, awarded compensation of a sum of Rs.40,80,000/- (Rupees forty lakhs and eighty thousand) only, with interest @ 7.5% per annum, from 07-03-2019, the date of institution of the Claim Petition, till full and final payment. The Appellant, Opposite Party No.2, being the Insurance Company, was directed to pay the Award to the Claimants within one month from the date of the impugned Judgment.

Having heard learned Counsel for the parties and examined all documents on record as also the impugned Judgments, the question that falls for consideration before this Court is; Whether the Appellant Company is liable to make good the compensation determined by the Learned Claims Tribunal to the victims in the accident.

The court perused the facts and arguments presented in the case In light of the above observations, it is now to be examined whether Exhibit 19/Exhibit 18 (Insurance Policy) is a Comprehensive Policy or an Act Policy and the deceased persons being gratuitous passengers in the private vehicle would be entitled to compensation. Exhibit 19/Exhibit 18 specifically provides that Policy Schedule cum Certificate of Insurance is a Private Car Liability Policy. In the Schedule of Premium, it is clearly written as “third party cover”.

Click here to read the judgment

Judgment reviewed by Sakshi Mishra

Leave a Reply

Your email address will not be published. Required fields are marked *

Open chat