The Delhi High Court dismissed the insurer's appeal against a Motor Accidents Claims Tribunal award granting compensation for death in a vehicular accident, finding no basis to overturn the Tribunal's view on negligence and evidence.
Appeal dismissed; statistical deposit refunded; compensation deposited to respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: August 02, 2018
THE NEW INDIA ASSURANCE CO. LTD. .....Appellant Through: Mr. Pankaj Seth, Advocate
versus
PAMMI NAGI & ORS. .....Respondents Through: Mr. Ranbir Singh, Advocate
CORAM: HON'BLE MR. JUSTICE SUNIL GAUR
O R D E R (ORAL)
“Brief facts as narrated in petition in nutshell are that on 22.02.2010 at about 11.45 p.m the victim was travelling along with respondent no. 1 as a pillion rider on a motorcycle bearing registration no DL-8SAQ-4989 and when they reached in front of Shanti Bhawan, Safdarjung Enclave, New Delhi, the respondent no. 1 hit the motorcycle against the divider consequently causing fatal injuries to Sh Rakesh Nagi (victim/pillion rider). The claim of the claimants is that the alleged accident was caused by respondent no. 1 who was driving the aforesaid motorcycle in rash and negligent manner without observing traffic rules. It was further claimed that on the date of death Sh. Rakesh Nagi was about
MAC.APP. 235/2013
Page 1
48 years and was earning Rs. 37,333/- per month by working as Assistant Supervisor at Blues Jewelery Company situated at G-13, South Extension Part-1, New Delhi. On these premises, the claimants filed the claim petition seeking compensation of Rs. 90 lakhs.”
under: -
Loss of dependency : ₹35,40,900.00 Loss of consortium : ₹10,000.00 On account of Love and affection : ₹25,000.00 Funeral Expenses : ₹15,000.00 Total : ₹35,90,900.00
MAC.APP. 235/2013
Page 2
5. In aforesaid terms, this appeal is disposed of.
(SUNIL GAUR) JUDGE
AUGUST 02, 2018
s
MAC.APP. 235/2013
Page 3
2 issues framed by the court
Whether the Tribunal's award of compensation in a motor accident claim was sustainable despite the appellant insurer noting no evidence of negligence.
Whether additional eye-witness evidence led by the appellant insurer was sufficient to overturn the Tribunal's findings.
The New India Assurance Co. Ltd.
Pammi Nagi & Ors.
Sunil Gaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
