- P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : AT HYDERABAD
C. C.No.98 OF 2011
Between :
Mr.Aged about 46 years,
Indian, R/o
ArmoorNizamabad
Andhra Pradesh
1. M/s. ICICI Lombard General Insurance Company Ltd
Retail Claims Division,
4th
Mald
Maharashtra ,Rep. by its Chairman & Managing Director
2. M/s. ICICI Lombard General Insurance Company Ltd
Main Road,
Counsel for the ComplainantCounsel for the Opposite parties
QUORUM:
SRI THOTA ASHOK KUMAR, HON’BLE MEMBER
1. `25 lakhs `1,00,000/- towards mental agony and costs of`20,000/-. 2. `25 lakhs `4,129/- complainant is appointed as nominee. `25 lakhs as per the terms and conditions of the policy, the opposite parties postponed the payment of the same on one pretext or the other.
3. th
4.
5. 6. 1. Whether the complainant is the nominee of the deceased,
2. Whether the death of the deceased is
3. Whether the complainant is entitled for the reliefs as prayed for?
7. : `25 lakhs `4,129/-
8.
9.
10.
In order to hold the existence of criminal rashness or criminal negligence it shall have to be found out that the rashness was of such a degree as to amount to taking a hazard knowing that the hazard was of such a degree that injury was most likely imminent. The element of criminality is introduced by the accused having run the risk of doing such an act with recklessness and indifference to the consequences. Lord
Therefore-quoted statement of law in Andrews has been noted with approval by this Court inSyad
In our opinion, the factor of grossness or degree does assume significance while drawing distinction in negligence actionable in tort and negligence punishable as a crime. To be latter, the negligence has to be gross or of a very high degree.
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కెఎంకె*
APPENDIX OF EVIDENCE
For complainants
NIL EXHIBITS MARKED
For complainants
Ex. A1
Ex. A2
Ex. A3
Ex. A4
Ex. A5
Ex. A6
Ex. A7
Ex. A8
Ex.A9 Ex.A10
Ex.A11
Ex.A12
Ex.A13
Ex.A14
Ex.A15
Ex.A16
Ex.A17
Ex.A18
Ex.A19
Ex.A20
Ex.A21
Ex.A23
Ex.A24
Ex.A25
For opposite parties
Ex.B1
Ex.B2
Ex.B3
Ex.B4
Ex.B5
Ex.B6 Ex.B7
Ex.B8 Ex.B9 Ex.B10 Ex.B11 Ex.B12 Ex.B13 Ex.B14
Ex.B15 Ex.B16 Ex.B17
Ex.B18
Ex.B19
Ex.B20
Ex.B21
Ex.B22
Ex.B23
Ex.B24
Ex.B25
Ex.B26
MEMBER
