FUTURE GENERAL INDIA INSURANCE COMPANY LIMITED Vs. BHAGWAN SINGH @ BHANWAR SINGH
LAWS(RAJ)-2013-10-12
HIGH COURT OF RAJASTHAN
Decided on October 01,2013

Future General India Insurance Company Limited Appellant
VERSUS
Bhagwan Singh @ Bhanwar Singh Respondents

JUDGEMENT

ARUN BHANSALI, J. - (1.) These appeals are directed against the judgment and award dated 12.4.2013 passed by Motor Accident Claims Tribunal, Rajsamand ('the Tribunal'), whereby for death of one Laxman Singh (deceased) and injuries suffered by Bhagwan Singh (injured), the appellant-Insurance Company has been held liable for payment of compensation. While for the death of Laxman Singh award of Rs. 7,97,100/- has been made, for the injuries suffered by Bhagwan Singh a compensation of Rs. 5,76,921/- has been awarded.
(2.) The brief facts may be noticed thus : injured Bhagwan Singh and deceased Laxman Singh were travelling in Truck No.RJ-27-GA-880 when the truck collided with a hillock, resulting in the truck turning turtle, which resulted in injuries to Bhagwan Singh and Laxman Singh, to which Bhagwan Singh succumbed. The application for compensation ('the application') was filed by the claimants seeking compensation of Rs. 23,50,000/- by the injured and Rs. 56,67,000/- by the legal representatives of the deceased Laxman Singh.
(3.) A reply to the application was filed by the appellant- Insurance Company, it was inter-alia submitted that the injured and deceased were travelling as passengers in the truck and their risk was not covered by the appellant-Insurance Company. Other allegations were also made regarding violation of policy conditions.;


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