Rajouri :The Motor Accident Claims Tribunal Srinagar has imposed a cost of ₹50,000 on United India Insurance Company Limited for withholding a crucial insurance policy document during the trial of a motor accident compensation case.
The order was passed by Presiding Officer Fayaz Ahmad Qureshi while deciding a claim petition arising from a road traffic accident. The Tribunal awarded compensation of ₹1,13,21,400 (₹1.13 crore) to the victims, along with interest at the rate of eight per cent per annum.
During the proceedings, the Tribunal observed that the insurance company, represented by its counsel Sajad Ahmad Shah, failed to produce the insurance policy document indicating the date of commencement of risk. The court noted that the document was essential for proper adjudication of the claim petition and its non-production during the trial amounted to withholding a crucial piece of evidence.
Taking serious note of the conduct, the Tribunal held that suppression of such an important document during the proceedings justified the imposition of costs on the insurance company.
The Tribunal also expressed strong disapproval over the manner in which the defence was conducted by the insurer. It observed that the company had filed a lengthy written statement containing several irrelevant averments and unnecessary citations of statutory provisions and judgments.
According to the Tribunal, such voluminous pleadings place an avoidable burden on judicial records and hinder the expeditious disposal of motor accident claim cases.
