BAJAJ ALLIANZ GENERAL INS. CO. LTD. Vs. SATYA DEVI
LAWS(J&K)-2020-1-8
HIGH COURT OF JAMMU AND KASHMIR
Decided on January 14,2020

Bajaj Allianz General Ins. Co. Ltd. Appellant
VERSUS
SATYA DEVI Respondents




JUDGEMENT

SANJEEV KUMAR,J. - (1.)Bajaj Allianz General Insurance Co. Ltd. (hereinafter referred to as the insurer) is in appeal against the award dated 30.11.2013 passed by the Motor Accidents Claim Tribunal, Udhampur (hereinafter referred to as the Tribunal) in File No. 53/Claim titled Satya Devi and others vs. Guddi and others.
(2.)By virtue of the award impugned, the Tribunal has awarded a compensation of Rs.6,27,000/- along with interest @ 6% per annum from the date of the claim petition till the amount is realized. The award impugned is assailed by the insurer primarily on the ground that the deceased was a gratuitous passenger travelling in the offending vehicle and, therefore, the insurer was not liable to indemnify the owner and pay the compensation to respondent Nos. 1 to 6 (hereafter referred to as the claimants).
(3.)Briefly stated, the facts leading to the filing of this appeal, as gatherable from the pleadings of the parties, are:
On 25.06.2009, a Truck bearing registration No. JK02S/1127 (hereinafter referred to as the offending vehicle) which was being driven rashly and negligently by its driver Munshi Ram met with an accident near Samroli (Kud) resulting into death of one Onkar Singh, the husband of claimant No.1, father of claimant Nos. 2 to 5 and son of claimant No.6. In the said accident, the driver of the offending vehicle also lost his life. The claimants having been deprived of their sole breadwinner filed a claim petition before the Tribunal seeking a compensation of Rs.48 lac. It was claimed that the deceased was a shopkeeper and was earning Rs.10,000/- per month. The claim petition was contested by the insurer only, others were proceeded ex parte.

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