New Delhi: The Delhi High Court condemned the National Insurance Company Limited (NICL) for being inhumane to road accident victims. In a recent judgement, the Court said that the insurance company should have a sympathetic approach towards those 'unfortunate' victims and should not misuse the legal provision and process to avoid compensation to them. "The Government undertaking (NICL) must have a human approach in such matters and should not indulge in the jugglery of legal provision so as to deprive the unfortunate victims of their legal dues," Justice VB Gupta said while dismissing a petition filed by the NICL challenging the Motor Accident Claims Tribunal (MACT). In 2007, the tribunal has asked the insurance company to pay Rs 50,000 as interim compensation to a road accident victim.
"Being a Government undertaking NICL should have taken a sympathetic view in the matter and should not left files of the present appeal blindly so as to deprive the dependants of road accident victim solace and little comfort by way of meager monetary compensation which they are entitled to under the law," Justice Gupta said and noted that the present appeal was nothing but an abuse of the process of law.
The bench also directed NICL to deposit Rs 5,000 to the Register General of the High Court as fine within four weeks and said, "It is hoped that the appellant (NICL) would take special care in such matter and would not file appeals on frivolous and flimsy grounds so as to deprive the victims of road accidents of some compensation who had lost their sole bread earner," the court said in the order.
Rattan Singh, a resident of Gurgaon, died in a road accident while traveling in a Tata 407 on October 20, 2006 with others. The vehicle involved in the accident was insured with the NICL. The legal representatives of deceased approached the MCAT saying that the accident took place due to rash and negligent driving on the part of driver of the insured vehicle.
Source: Parvaiz Sultan
The Pioneer
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