IN THE COURT OF SHRI ANAND SWAROOP AGGARWAL,

HON’BLE JUDGE MACT, KARKARDOOMA COURT, NEW DELHI

MACT NO.185/16

IN THE MATTER OF:

AMIT SHARMA …..PETITIONER

VERSUS

PRITAM SINGH & ORS. ….RESPONDENTS

OFFER OF SETTLEMENT ON BEHALF OF THE RESPONDENT NO.3,

NATIONAL INSURANCE COMPANY LTD.

PRELIMINIARY SUBMISSIONS:

1. That the Respondent No.3 is a state owned general insurance company in India. The
company headquartered at Kolkata was established in 1906 and nationalized in
1972. Its portfolio consists of multitude of general insurance policies, offered to a
wide arena of clients encompassing different sectors of the economy.

2. That the Respondents No.3 is represented by Mr. S.M. Alam who has been duly
authorized to sign, verify all legal pleadings, appeal, revision, withdraw, admit or
deny the documents and Vakalatnama.

3. That it is most respectfully submitted that a contract of insurance is a contract of

uberrima fides and every material facts is required to be disclosed. That a bare
perusal of the insurance policy makes it abundantly clear that every obligation cast
on the Insured has to be strictly satisfied before any liability could be fastened on
the answering respondent. There is no gainsaid saying that any transgression on the
 part of the insured from the terms of the policy, would absolve the answering
respondent from indemnifying the insured.

4. That the Respondent No.2 approached the Respondent No.3, in order to obtain a
third party motorcycle insurance. After perusal of the records, the Respondent No.2
granted a package policy, details of the same are mentioned herein below:

Policy Type Package Policy

Policy No. & type 35101031156137923266
Policy Issued on 19.02.2016
Period of Insurance 19.02.2016 to 18.02.2017
Insured name Mr. Pritam Singh
Model name & variant MARUTI SWIFT LXI
Vehicle Identification No.1 MA3EHKD1S00197186

5. That the petitioner in the FIR has clearly stated that the Respondent No.2 on
23.03.2016 came from wrong side at a high speed, negligently, rashly and hit the
vehicle of the petitioner thereby causing grievous injuries including fracture on his
right leg and sustained injuries on his body and driver of the offending vehicle fled
the spot.

6. That the Respondent No.2 failed to abide by the traffic rules and regulations and
guidelines associated with it, thereby violating the traffic rules and injuring the
petitioner.

7. That the conduct of the Respondent No.2 was intentionally rash and negligent,
thereby causing hurt to the petitioner.

8. That no details have been stated whether the amount incurred on the expenses has
been reimbursed by the employer to reimburse the same, and if it has been
reimbursed it cannot be claimed again, as it has been observed in a string of cases
that the compensation calculated ought not to be a source of windfall or bonanza
but should be just so as to make good the losses suffered so far as money can do in a
just and reasonable manner.
 9. That the facts stated in the detailed accident report is a matter of record.

OFFER ON BEHALF OF THE RESPONDENT NO.2

10. That keeping in consideration the loss suffered by the petitioner owing to the
negligent act on behalf of the respondent No.2, the Respondent No.3 offers to pay a
sum of Rs. 3,17,893.70/- (Three Lakhs Seventeen Thousand Eight Hundred Ninety
three and Seventy Paise only). The same has been described herein below:

SL. PARTICULARS AMOUNT (IN RS.)

NO.
1. Pain and Suffering 30,000

2. Special diet and Conveyance 20,000

3. Loss of Income 2*
( Calculated on the basis of Monthly income
of the petitioner)
4. Medical Bills 2,07,893.70
( subject to production of Original Receipt)
TOTAL 3,17.893.70

11. That the Respondent No.3 is willing to compensate the Petitioner the above-
mentioned sum subject to production of original bills of medical treatment and
verification of the same by the respondent No.3.

12. That if at any stage of the proceeding, it becomes apparent that the present petition
is a fruit of collusion between the petitioner and Respondent No.2, the answering
Respondent shall take over the defense of the Respondent under section 170 of the
Motor Vehicles Act.

13. That the present reply has been made under bonafide and in the interest of Justice.
 PRAYER

In the light of the above stated facts and circumstances it is humbly prayed before the
Hon’ble Court to:

(a) Pass an order thereby considering the offer of settlement of the Respondent No.3.

(b) Pass an order thereby directing the Petitioner to produce the original documents of
the Medical bills and expenses borne by the Petitioner at the time of treatment;

(c) Pass an order/s as the Hon’ble Court may deem fit.

Date: RESPONDENT NO.3

Through Counsel

Place: New Delhi

VERIFICATION

Verified at New Delhi on this ………………….day of December,2017 that the contents of the
above affidavit are true upon my knowledge and that nothing material has been concealed
therefrom.