NEW INDIA ASSURANCE CO LTD Vs. BHURA AND ORS
LAWS(RAJ)-2012-10-174
HIGH COURT OF RAJASTHAN
Decided on October 03,2012

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Bhura And Ors Respondents

JUDGEMENT

- (1.) Since both the aforesaid cross-objection and appeal arise out of the judgment and award dt. 21.5.2001 passed by MACT Tonk, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 9.5.1996 at about 2.30 PM, Hajari was bringing the woolen bags in Vehicle No. RJ 09 G 715 from Kekri to Deoli. Near Kasir Mod, the driver of the truck drove the truck rashly and negligently in intoxicated condition, as a result of which the truck over-turned and the persons sitting in the truck namely Hajari Lal and others sustained injuries and ultimately died.
(2.) Thereafter, First Information Report was lodged. Claim Petition Nos. 65/2001 and 66/2001 were filed. Notices were issued, written statement was filed, issues were framed, evidence was submitted and after hearing the arguments of both the sides, the learned Tribunal has passed the impugned award awarding Rs. 4,10,4000/-in favour of claimants in claim petition no. 65/2001 and Rs. 2,19,000/- in favour of claimants in Claim Petition No. 66/2001.
(3.) Being aggrieved by the aforesaid award, the claimants in claim petition No. 66/2001 have filed the cross objections for enhancement of amount of compensation, while Insurance Company has filed the appeal challenging the quantum of compensation.;


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