NATIONAL INSURANCE CO. LTD. Vs. SHRI KAILASH CHAND VAISHNAV & ANR.
LAWS(RAJ)-2013-1-330
HIGH COURT OF RAJASTHAN
Decided on January 31,2013

NATIONAL INSURANCE CO. LTD. Appellant
VERSUS
Shri Kailash Chand Vaishnav And Anr. Respondents

JUDGEMENT

Mahesh Chandra Sharma, J. - (1.) SINCE all the aforesaid three appeals have been filed against one judgment and award passed by MACT, hence the arguments have been heard together and they are being decided by this common judgment. The facts of the case have been enumerated in the judgment and award passed by the MACT, hence the same are not being repeated hereunder, except wherever necessary.
(2.) ON account of an accident having taken place on 15.10.2007, claim petitions were filed, notices were issued, issues were framed, evidence was recorded and after hearing both the sides, the learned Tribunal decreed different amount in favour of claimants and against the non claimants. The Insurance Co. has filed the aforesaid appeals challenging quantum of compensation.
(3.) LEARNED counsel for the Insurance Co. has contended that the learned Tribunal has committed a grave error in not considering the objections raised by the Insurance Co. properly. Hence, the impugned award deserves to be quashed and set -aside. In support of his contentions, he has placed reliance on the judgment of Hon'ble Apex Court rendered in the case of National Insurance Co. Ltd. Versus Bommithi Subbhayamma and others reported in : 2005 (2) TAC 1 (SC); United India Insurance Co. Ltd. Versus Suresh K.K. and another reported in : 2008 (3) TAC 385 (SC); and M.V. Jayadevappa and other Versus Oriental Fire and General Insurance Co. Ltd. and others reported in : 2005 (2) TAC 5 (SC).;


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