HUKAM CHAND YADAV Vs. PREM NARAIN
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Hukam Chand Yadav
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GUMAN MAL LODHA,J. -
(1.)THESE two appeals No. 192/1974 and 183/1974 arises out of the judgment of accident claims Tribunal, Jaipur dated 23rd July, 1974. Truck No. HRG 6047 was being run at a high speed by Chet Ram Gujar, struck Kailash Chand and Mohan Lal who died as a result of this accident. The tribunal in it's award allowed Rs. 24,000/ - as compensation to the petitioners Suraj Mal, Smt. Kasturi Devi and Manju for the death of Mohan Lal and fixed the liability of the Insurance Company to the extent of Rs. 10,000/ - in claim petition No. 27/72, In claim petition 20/72 for the death of Kailash Narain it allowed the compensation of Rs. 24,000/ - and fixed the liability of Insurance Company to Rs. 10,000.
(2.)THE owner of the vehicle has filed appeal and he has prayed that the award required to be set aside as it was time barred and in any case the Insurance Company should idemnify owner to the full extent. It is not necessary to mention facts because the only ground ultimately pressed is that the Insurance Company can be held liable to the extent of Rs. 50,000/ - in each case.
It may be pointed out that the learned Counsel for the appellant himself concedes that so far as limitation is concerned it was not 60 days but six months and therefore, he was not a position to press the appeal.
(3.)HOWEVER , relying upon the judgments of the Hon'ble Supreme court in Motor Owners' Insurance Co. Ltd. v. Jadvji Keshavji Modi and Ors. 1981 ACJ 507 SC Mr. Surolia argued that now it is settled law that the liability of Rs. 20,000/ - as it was at the time, would be for each of the deceased.
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