NEW INDIA ASSURANCE CO. LTD. Vs. SMT. SAVITRI JHAM
LAWS(RAJ)-2016-10-59
HIGH COURT OF RAJASTHAN
Decided on October 17,2016

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Smt. Savitri Jham Respondents

JUDGEMENT

Mahesh Chandra Sharma, J. - (1.) Applications under Section 5 of the Limitation Act are allowed for the reasons mentioned therein and delay in filing the appeals are condoned.
(2.) Heard learned counsel for the parties and with their consent, these appeals are being disposed of at this stage.
(3.) Brief facts of the case are that the claim petition/s was/were filed by the claimants against the appellant-Ins. Company and non-claimants on account of alleged loss suffered by them due to death of Karn Jham in the road accident allegedly occurred on 10.1.2012, while; he was going by motor cycle from Bhiwadi towards Choupanki on his right side. At about 3.00 pm when he reached opposite Coders Cable Factory, Kahrani at Bhiwadi Choupanki Road, a Maruti Van No. RJ-02-UA-0469 being driven by its driver in rash and negligent manner and at a fast speed, came from rear side and hit the motor cycle. As a result of the accident, Karn Jham got injured and died. An FIR with regard to the said occurrence was lodged at P.S. Bhiwadi Phase-ill, Distt. Alwar bearing No. 17/2012. The police after investigation, filed charge-sheet against the driver of above Maruti Van namely Ishra before the competent court. The claim petitions were registered as claim case No. 91/2012 122/2012.;


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