Three basic principles governing determination of compensation in injury disablement claims: i. Principle of Assessability; ii. Principle of Uniformity; iii. Principle of Predictability
Kinds of damages include pecuniary damages and non-pecuniary damages.
The Court has the discretion to adopt a suitable multiplier, be it higher than the schedule or lesser than it for good and valid reasons, but shall, however, not exceed 18 at the maximum.
In order to defend Motor Third Party liability cases effectively the insurance company must collect all relevant documents through investigator relating to: i. Accident site details; ii. Contact with insured; iii. Contact with driver; iv. Contact with claimants / deceased representatives / friends and neighbours / colleagues; v. Police Papers; vi. RTO Papers; vii. Medical Papers
An insurer can contest the proceedings before the Claims Tribunal only on any of the grounds prescribed under Section 149 (2) of the 1988 Act, and unless specific permission is granted by the Claims Tribunal under Section 170 of the 1988 Act, the insurer cannot contest the case on grounds other than those mentioned in Section 149 (2) of the 1988 Act.
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