HC dismisses insurance company plea that said man awarded Rs 15 lakh compensation for accident was not wearing helmet

Read Order: The New India Assurance Company Ltd v. Kamla Devi and others 

LE Staff

Chandigarh, July 6, 2021: The Punjab and Haryana High Court on Tuesday upheld Rs 15 lakh compensation awarded by the Motor Accidents Claims Tribunal (MACT) to the kin of a man who lost his life in an accident in 2019, dismissing the insurance company’s plea against the MACT order on the ground that the victim was not wearing a helmet at the time of the accident.

The plea of the insurance company — The New India Insurance Company Ltd — further contended that the amount payable by the insurer was liable to be reduced on account of contributory negligence of the deceased.

The High Court said that the insurance company has neither laid any foundation in the pleadings nor led evidence in support thereof.

A Bench of Justice Anil Kshetarpal said the insurance company while filing the written statement also did not plead that late Satpal was not wearing the helmet and did not lead any evidence to prove this fact. It also failed to raise this point before the Tribunal, the Judge pointed out, adding that the insurance company failed to draw the attention of the High Court to the cross examination of the eye witness on this aspect.

“In such circumstances, the argument of learned counsel for the insurance company do not deserve acceptance,” the High Court stated.