Insurance company’s Ludhiana office attached for not paying claim to mishap victim’s family
The court had found the company guilty of not paying Rs 11.2 lakh compensation to the widow of a man, killed in a road accident in November 2014.punjab Updated: Dec 16, 2017 10:38 IST
With United India Insurance Company failing to execute court orders to pay Rs 11.2 lakh compensation in an accidental death case of November 2014, movable property at the office of the company on the Mall Road was attached on Friday evening. The articles confiscated included a split air-conditioner, 20 office tables, 50 chairs and a laptop.
A court bailiff and the counsel for the petitioners, Rakesh Gandhi, arrived at the office for the attachment proceedings. On December 11, the court of district and sessions judge Gurbir Singh had ordered the attachment.
The court had found the company guilty of not paying Rs 11.2 lakh compensation to the widow of a man, Sanjeev Puri, killed in a road accident in November 2014, despite Tribunal orders to pay the money within 30 days of the September directive.
After the company failed to pay the amount within the stipulated time, an execution petition was filed.
After the attachment, the articles were handed over to the insurance company’s divisional manager Arun Kalia on superdari with an undertaking in writing that he will deposit the compensation amount before December 20.
The widow of Puri, Monika Puri, and her two minor children had filed the case before the Motor Accidents Claims Tribunal (MACT) against accused Rajiv Kumar, the driver of Tata Ace vehicle involved in the accident, industrial house Bonn Nutrients, on the Chandigarh Road and United India Insurance Company. The petition was filed under Section 166 of the Motor Vehicles Act, 1988, for grant of compensation.
As per the petition, the accident occurred on November 9, 2014, when Sanjeev and Rajiv were on their way to Ludhiana from Sidhwan Bet in a Tata Ace vehicle that Bonn Nutrients owned. Sanjeev, 34, an employee with Shehanshah Building Material Store, was on the front passenger seat. He was killed on the spot after the driver lost control and the vehicle hit a tree at high speed. At the time of his death, he was earning Rs 12,000 per month, the petition said.
In its reply, the insurance company said Sanjeev was not an employee of Bonn Nutients. They argued that the insured/owner of the ‘offending’ vehicle had got the insurance cover in respect of the goods in the vehicle (a Tata Ace with registration number PB10 ES 2750) and for its driver and cleaner only. The company claimed that since the insurance cover was not for any other passenger, it was not liable to pay.
In its order, the court ruled that the insurance company was liable to pay compensation to the third party, but it was entitled to recover the same from the owner of the vehicle which was Bonn Nutrients.