THE NEW INDIAN ASSURANCE CO. LTD. Vs. L.RS OF PREM LAL AND ORS.
LAWS(RAJ)-2016-7-201
HIGH COURT OF RAJASTHAN
Decided on July 11,2016

The New Indian Assurance Co. Ltd. Appellant
VERSUS
L.Rs Of Prem Lal And Ors. Respondents

JUDGEMENT

Arun Bhansali, J. - (1.) This appeal is directed against the judgment and award dated 6/7/2012 passed by the Motor Accident Claims Tribunal, Udaipur, whereby, the Tribunal has awarded a sum of Rs. 4 lacs along with interest @ 9% p.a. from the date of application i.e. 19/5/2008 and further directed that if the Insurance Company has made payment of compensation in case no. 413/2008 relating to the same accident, the said amount could be recovered by the Insurance Company from the owner of the vehicle along with interest. It is further ordered that in case the amount is not paid within a period of 30 days, the award shall carry interest @ 12% p.a. from the date of award.
(2.) An application for compensation was filed by the respondent Prem Lal, who was injured while travelling in Bus no. RJ-27-PA-0896 on 6/4/2008 when the bus turned turtle. During the pendency of the petition, Prem Lal expired, the legal representatives i.e. his mother and sister were taken on record and they amended the claim petition claiming compensation for the death of Prem Lal on account of injuries suffered by him resulting from the accident which occurred on 6/4/2008.
(3.) A reply was filed by the appellant Insurance Company resisting the averments made in the claim petition and stating that the death did not result on account of alleged injuries.;


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