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Judgment
On 26.8.2016, when the case came up for motion hearing, we had asked learned counsel appearing for the Petitioner Insurance Company, viz. Bharti AXA General Insurance Company Ltd., to seek instructions as to whether having regard to the quantum of the total compensation awarded, i.e., 1,00,000/- awarded by the Fora below to the widow and son of the deceased, the Complainants, on account of the accident of the Insured vehicle, viz. a motor cycle, in which a human life was lost, the Insurance Company would like to press the present Revision Petition.
Ld. Counsel appearing for the Insurance Company states that as per his instructions the Petition has to be pressed, as according to the Insurance Company, a substantial question of law, having wide ramifications, has been raised therein.
We are surprised and pained to note the stand of the Insurance Company, particularly in view of the fact that not only the quantum of the compensation is small, both the Forums below have recorded a concurrent finding of fact that there was deficiency in service on the part of the Insurance Company in repudiating the claim preferred by the Complainants, the son and the widow of the deceased. Assuming that the stand of the Insurance Company to the effect that the issue involved in the case is likely to affect large number of similar cases, is correct, yet the Insurance Company should have graciously offered to pay the afore-noted amount as ex-gratia assistance to the deceased''s family, without conceding on the point of law.
Having regard to the peculiar facts of the present case, we do not find it to be fit case for exercise of Revisional Jurisdiction and dismiss the Revision Petition accordingly, keeping open the question of law, sought to be raised in the present Revision Petition, to be decided in an appropriate case.