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Documents citing National Insurance Company Limited vs Smt. Sarmistha Sikdar & Ors on 20 July, 2018

Sbi General Insurance Co. Ltd vs Gita Roy & Ors on 9 February, 2024

He also argued that the claim Tribunal are to decide the claim case in a summary procedure in which the strict principle of criminal trial and the law laid down in evidence Act cannot be strictly followed, rather in the claim case, the accident has to be proved on the touch stone of principle of preponderance of probabilities. On the above submission, the learned advocate submits the learned Tribunal has committed no error. Learned Tribunal has categorically perused the evidence of P.W.1 and P.W.2. The learned Tribunal has also perused the final investigation of report of the police including F.I.R., charge-sheet and seizure list etc. wherefrom he came to 10 an opinion that the claimants are entitled to get compensation. The award passed by the learned Tribunal is not erroneous. So the appeal is liable to be dismissed.
Calcutta High Court (Appellete Side) Cites 20 - Cited by 0 - Full Document

Pampa Dan & Ors vs National Insurance Co. Ltd. & Ors on 4 March, 2020

The vital distinguishing factor in the said case is that the eye witness had identified the vehicle number and that there was only one i.e. the one prepared seizure list on the date of incident. The offending vehicle in that case in fact bore valid number plates. The absence of the vehicle registration No. in the F.I.R., therefore, was held not to be fatal to the claim against the insurance company. The 6 said case is, therefore, distinguishable on facts.
Calcutta High Court (Appellete Side) Cites 6 - Cited by 0 - R Mantha - Full Document

Monoranjan Shil & Anr vs The New India Assurance Co. Ltd. & Anr on 25 January, 2024

In support of his contention he cited two decisions of Hon'ble Supreme Court and Division Bench of this Court are Jiji Kuruvila & Ors. Vs. Kunjujamma Mohan & Ors., reported in 2013 9 SCC 166, National Insurance Co. Ltd. Vs. Smt. Sarmistha Sikdar & Ors. reported in 2018(4) T.A.G 295(Cal) the Hon'ble Apex Court has held that "where the owner of the driver of the offending vehicle has not come forward to defend himself, the learned Tribunal and 3 therefore this court would have no alternative but except that it was the vehicle alleged in the claim application which the offending vehicle".
Calcutta High Court (Appellete Side) Cites 7 - Cited by 0 - Full Document
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