NEW INDIA ASSURANCE CO. LTD. Vs. KAILASH CHANDRA AND ORS.
LAWS(RAJ)-2016-5-288
HIGH COURT OF RAJASTHAN
Decided on May 19,2016

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Kailash Chandra And Ors. Respondents

JUDGEMENT

Goverdhan Bardhar, J. - (1.) Instant appeal has been filed by the appellant insurer against the award dated 25.5.2000 passed by the Motor Accident Claims Tribunal, Udaipur in Claim Case No. 214/1995 awarding compensation in the sum of Rs. 1,74,000/- to the claimant for the injuries sustained in the accident.
(2.) Succinctly stated facts of the case are that the claimants filed a claim petition to the effect that respondent No. 2 Kup Singh negligently and carelessly had driven vehicle No. RJ-27 G-0147, as a result of which claimant-respondent No. 1 Kailash Chandra sustained simple as well as grievous injuries. The said vehicle was insured with the appellant company and the vehicle is owned by Anoop Kumar, respondent No. 3.
(3.) The learned Tribunal while deciding the Issue No. 1 in favour of the claimant held that the driver Kup Singh was rash and negligent in driving which caused the accident resulting in simple and grievous injuries to the claimant. Accordingly, the learned Tribunal awarded a compensation in the sum of Rs. 1,74,000/- in favour of the claimant.;


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