BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. SAROJ AND ORS.
LAWS(RAJ)-2015-3-354
HIGH COURT OF RAJASTHAN
Decided on March 04,2015

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. Appellant
VERSUS
Saroj And Ors. Respondents

JUDGEMENT

M.C. Sharma, J. - (1.) This appeal has been filed by the appellant against the judgment and award passed by the Tribunal. Brief facts of the case are that the claimants filed the claim petition before the Tribunal with regard to an accident, which is said to have taken place on 18.12.2008, in which Man Singh died. Thereafter notices were issued; reply was filed; certain issues were framed and after hearing all the parties, the learned Tribunal passed the aforesaid impugned judgment and award dated 1.7.2010, decreeing an amount of Rs. 8,26,432/ - as compensation in favour of claimants.
(2.) Being aggrieved by the aforesaid judgment and award passed by the Tribunal the instant appeal has been filed by the Insurance Co.
(3.) Learned counsel for the appellant has contended that the Tribunal has committed error while passing the award not taking into consideration the oral as well as documentary evidence available on record. He has further contended that deceased himself was responsible for the accident as he was driving the motor cycle rashly and negligently without having any valid driving license. He has further contended that the income of the deceased was not proved, despite that the Tribunal awarded a very excessive amount of compensation. Hence, the impugned judgment and award passed by the Tribunal should be quashed and set -aside.;


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