High Court pats insurance company : The Tribune India

Tribune News Service

Chandigarh, August 5

Amidst general apprehensions among people regarding the settlement of their insurance claims by the companies, the Daily Lok Adalat of the Punjab and Haryana High Court has patted a company on its back for “excellent representation towards settlement” in an accident case.

The appreciation by the Lok Adalat Bench of Justice JC Verma and Justice Arvind Kumar came on an appeal preferred by the insurance company against the impugned award dated December 19, 2016, passed by the Mohali Motor Accidents Claims Tribunal (MACT). It had awarded a compensation of Rs 86, 37,000 to the claimants.

The Bench, during the course of hearing, was told that Gulab Singh filed a claim petition under the provisions of the Motor Vehicles Act seeking a compensation of Rs 70 lakh, along with interest, for injuries suffered by him in an accident in September 2014 due to rash and negligent driving of a three-wheeler.

Gulab Singh, during the pendency of the claim petition, expired due to the injuries. Consequently, his widow Sarbjeet Kaur, son Lakhwinder Singh and daughter Harpreet Kaur were brought on record as his legal representatives.

The claim petition was allowed by the MACT, awarding a compensation of Rs 86, 37, 000 to the claimants, following which the insurance company preferred the appeal against the award before the High Court on the ground of some technical issues.

It was contended that Sarbjeet Kaur was getting a pension of Rs 25,061. The unfortunate death of her husband had not caused any pecuniary loss to her. As such, the compensation awarded by MACT was on the higher side.

Issuing the notice of motion, the High Court stayed the recovery of the awarded amount vide order dated March 27, 2017. On a request of the counsel for the parties, the matter was referred to the Lok Adalat.

The matter was then settled with the respondent-claimants for Rs 80 lakh as full and final settlement. “Normally, in the appeal by the insurance company, they do not settle the case. However, in this case, we must appreciate the gesture, composure and work ethic of the legal department of the insurance company of Bharti Axa General Insurance Co Ltd, now ICICI Lombard General Insurance Company, and their counsel of an excellent representation towards settlement in this case,” the Bench added.

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