Universal Sompo General ... vs Lrs Of Sanjay & Ors.
2012 Latest Caselaw 1651 Del

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                        Date of decision:7th March, 2012
+        MAC. APP. No.992/2011

         UNIVERSAL SOMPO GENERAL INSURANCE COMPANY
         LIMITED.
                                           ..... Appellant
                      Through: Mr. Vivek Kishore with Mr.
                               Rajat Khattry, Advocates

                        Versus

         LRs OF SANJAY & ORS.             ..... Respondents
                       Through:         Mr. S.N. Parashar, Advocate for
                                        the Respondent No.1(i) to (v)

         CORAM:
         HON'BLE MR. JUSTICE G.P.MITTAL

                             JUDGMENT

G. P. MITTAL, J. (ORAL)

1. The Appellant Universal Sompo General Insurance Company Limited is aggrieved by a judgment dated 05.08.2011 passed by the Motor Accident Claims Tribunal whereby a compensation of Rs.12,14,960/- was awarded in favour of the Respondents No.1(i) to (v).

2. While filing the DAR(Detailed Accident Report), the Investigating Officer annexed statements of some of the neighbours to the effect that the deceased was running a grocery shop and was earning Rs.12,000/- to 13,000/- per

month. Strangely, since no offer was given by the Insurance Co. to settle the matter by the Insurance Company, the Claims Tribunal instead of giving an opportunity to the Respondents No.1(i) to (v) (Claimants) to lead evidence, proceeded to compute the compensation on the basis of minimum wages, which is not permissible. The learned counsel for the Respondents No.1(i) to (v) also submits that the matter should be remanded back to the Claims Tribunal.

3. In view of the facts stated above, the impugned order is set aside with the direction to the Claims Tribunal to hold an inquiry in accordance with law after registering the Detailed Accident Report as a Claim Petition under the Motor Vehicles Act to compute the compensation admissible under the law. The amount deposited by the Appellant Insurance Company shall be refunded to the Appellant.

4. The parties are directed to appear before the Claims Tribunal on 10.04.2012.

5. The Appeal is allowed in above terms.

6. The statutory amount of Rs.25,000/- shall also be refunded to the Appellant.

7. Order Dasti to the parties.

(G.P. MITTAL) JUDGE MARCH 07, 2012 pst