ORIENTAL INSURANCE COMPANY LTD. Vs. RAMA DEVI & ORS.
LAWS(RAJ)-2012-9-262
HIGH COURT OF RAJASTHAN
Decided on September 21,2012

ORIENTAL INSURANCE COMPANY LTD. Appellant
VERSUS
Rama Devi and Ors. Respondents

JUDGEMENT

- (1.) Since all the aforesaid two appeals arise out of the judgment and award dated 20.3.2009 passed by MACT, Shahpura, hence the arguments have been heard together and they are being decided by this common judgment. Brief facts of the case are that on 12.11.2007 when the deceased Prakash was travelling in Truck No. RJ-32G-2939 in the capacity of Khallasi, then the driver of the said vehicle drove the same rashly and negligently and turned down the vehicle, as a result of which the deceased Prakash died at the spot.
(2.) First Information Report was lodged. Claim Petition was filed on account of death of Prakash. Thereafter 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, vide which Rs. 7,23,000 have been awarded in favour of claimants).
(3.) Being aggrieved by the aforesaid award, the Insurance Company has filed the appeals challenging the quantum of compensation awarded in the aforesaid claim petition, while claimants have filed another appeal for enhancement of quantum of compensation.;


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