AI Structured Summary
Not yet generated for this judgment
Judgment
G.P. Mittal, J.—The Petitioner Insurance Company is aggrieved by the orders dated 02.06.2012 and 01.10.2012 passed in Suit No.
178/2012 pending with the Claims Tribunal. The Petitioner Insurance Company alleges that the deceased Ishwar Singh was removed to DDU
Hospital on 23.09.2011 at 5.05 a.m. with the history of being found by the road side as told by B/B (the person who brought the injured to the
Hospital).
On examination, the deceased Ishwar Singh who was admitted to the Hospital was found having history of loss of consciousness, vomiting and
was smelling of Alcohol. He succumbed to the injuries. Post Mortem examination was conducted. The deceased''s viscera was preserved for
analysis to confirm presence of Alcohol.
The DAR (Detailed Accident Report) was filed before the Claims Tribunal. As per the Claims Tribunal Agreed Procedure, the Appellant was
required to make a legal offer. In the instant case, the Appellant did not make the legal offer as it doubted whether deceased Ishwar Singh died on
account of the injuries suffered in the accident. The Claims Tribunal, however, was not satisfied with the reply and issued a notice to the Divisional
Manager to show cause as to why an action should not be taken against him for defiance of the order passed by the Claims Tribunal.
This Court in Oriental Insurance Co. Ltd. v. Asha Kalra (Smt.), CM (M) 749/2012 decided on 30th July, 2012 has laid down that it is for the
Insurance Company to make a legal offer on the basis of the facts as analyzed by it. If the Petitioner Insurance Company for any reason refuses to
make an offer or the Claimant/Claimants decline to accept the offer, the only option which is available to the Claims Tribunal is to treat the DAR as
a Claim Petition permitting the parties to file their written statements and proceed with it in accordance with law.
The impugned orders, therefore, cannot be sustained; the same are set aside with a direction to the Claims Tribunal to treat the DAR as a Claim
Petition and to proceed further in accordance with law without further wastage of any time.
The Petition is accordingly disposed of.
It is stated that the matter is to be listed tomorrow i.e. 18th October, 2012 before the Claims Tribunal. The parties are directed to appear
before the Claims Tribunal on the said date. Dasti under the signature of the Court Master.