Case Study

ICICI LOMBARD GENERAL INSURANCE CO. LTD
Mirza Begum And Others Appellant

June 2018 – August 2018

– Case Description

Mirza Begum 27, widow of Hussain Mir and Kalesha, 56, his mother, from Siddipet village in Karimnagar, had sought compensation against Shekar Kumar of Warangal and his brother Shailesh kumar of Warangal village as well as ICICI Lombard General Insurance Company Ltd.

Shekar Kumar was riding the motorcycle which hit Hussain Mir, leading to his death. His brother owned the vehicle, which was insured by ICICI Lombard.

The dead man’s wife and mother then filed a petition under the Motor Vehicle Act, 1988. However, even as the case was listed for filing of written statements by respondents, both parties moved a joint application on September 2 for disposal of the claim petition on the basis of an amicable settlement

Trial Summary

The widow of a businessman, who died in a in 2017, has been awarded over Rs 1 crore as compensation by the high court. HC enhanced the amount from Rs 44 lakh given by a road accident tribunal. Justice RK RAMANA enhanced the compensation to the victim’s wife Mirza Begum, dismissing a plea by for its reduction from Rs 44.90 lakh, fixed by the Motor Accident Claims Tribunal.”The overall compensation is enhanced to Rs 1,01,92,302 which shall carry interest at the rate of 7.5% per annum as awarded by the tribunal. The enhanced compensation of Rs 58,12,302 with interest shall be deposited by the insurance company within 30 days with the registrar general of this court,” the court said. Justice RK RAMANA awarded the compensation, taking into account late Shekar Kumar’s income tax return filed in the year
2016-2017 during which his income was more than Rs 9 lakh per annum. Claiming that the income of the deceased was increasing every year, the counsel for the victim’s widow submitted to the court that his client’s husband’s paid higher income tax returns for the year 2014-2015, 2015-2016 and 2016-2017. The court also considered the lawyer’s argument that there were four dependents on the deceased, including his 32-year-old unmarried sister at the time of his death in August 2017. He also submitted that neither his wife nor his sister was financially independent to bear the responsibility. Along with the insurance firm,
the victim’s wife too had approached the high court seeking enhancement of the compensation on the ground that the tribunal had failed to consider the income tax returns of the deceased.

Process

Shekar Kumar was riding the motorcycle which hit Shailesh kumar, leading to his death.

A case was filed on ICICI LOMBARD GENERAL INSURANCE CO. LTD

The insurance company in a separate statement also made an offer of Rs.44.90 lakh as compensation.

The widow of a businessman, who died in a in 2017, has been awarded over Rs 1 crore as compensation by the high court.

Final Result

The insurance company in a separate statement also made an offer of Rs.44.90 lakh as compensation.In view of the compromise between the parties, the court ordered that “ICICI Lombard General Insurance Company Limited, would pay a sum of Rs.1 crore (10000000) rupees to the claimants (the mother and wife of the deceased) within 60 days from today (September 9) towards full and final settlement, failing which it shall entail liability of paying interest at the rate of 9% per annum from the date of filing of present petition, till its realization.”The court observed that 60% of compensation amount would be paid to the widow and the remaining 40% to the mother.