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Documents citing New India Assurance Co. And Anr. vs Gauri Shanker Sharma And Anr. on 16 August, 1984

Union Of India (Uoi) vs Ratan Lal on 18 March, 1987

9. Learned Counsel for the respondent submits that as a matter of fact before these tribunals strict rule of evidence should not be adhered to as the Tribunal is to make the enquiry for assessing the amount of compensation. The learned Counsel for the appellant has invited my attention to New India Assurance Company Ltd. and Ors. v. Gauri Shanker Sharma and Ors. 1985 ACJ 734 and Smt. Gunwat Kumar and Ors. v. Sardar Sandhu Singh and Ors. AIR 1987 1020. In both these cases it has been observed that the Tribunal has to make enquiry only. Therefore, the strict rule of evidence should not be adhered to. Rule 16 also lays down that the Tribunals should examine the witnesses and make a brief memorandum of the substance of the evidence of such witnesses. Therefore, in this view of the matter, the strict principle of legal proof is not required to be adhered to in the enquiries conducted by the Tribunal. All that Tribunals have to see that whether the damages suffered has been established by producing necessary vouchers or not, Tribunal has to see prepondrance of probability in each case.
Rajasthan High Court - Jaipur Cites 4 - Cited by 0 - A K Mathur - Full Document

The Depot Manager, New India Assurance ... vs Narsoji And Another on 8 November, 2023

In support of his contention, learned counsel for the petitioner relied upon the judgment of the Rajasthan High Court in NEW INDIA ASSURANCE COMPANY LIMITED Vs. GAURI SHANKER SHARMA AND ANOTHER 1, wherein the Rajasthan High Court held that the statutory liability is fixed which is the minimum liability for Rs.6,000/- but the liability of the Insurance Company is more than Rs.6,000/- in respect of damages to the vehicle. The principle laid down in this case shows that the liability of the insurance company towards damages of the vehicle is more than Rs.6,000/-. The Tribunal, after considering the oral and documentary evidence and also the aforesaid judgment, awarded damages of Rs.14,000/-. But, the learned counsel appearing for the Insurance Company 1 1985 ACJ 734 5 submits that as per the conditions of the Insurance Policy, the liability of the Insurance Company in respect of the damages towards the vehicle in question is concerned is only to the extent of Rs.6,000/-.
Telangana High Court Cites 5 - Cited by 0 - Full Document
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