RELIANCE GENERAL INSURANCE CO. LTD. Vs. SMT. PUSHPA W/O LATE JAGDISH CHANDRA, B/C DHOLI (RAO)
LAWS(RAJ)-2016-9-269
HIGH COURT OF RAJASTHAN
Decided on September 15,2016

RELIANCE GENERAL INSURANCE CO. LTD. Appellant
VERSUS
Smt. Pushpa W/O Late Jagdish Chandra, B/C Dholi (Rao) Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) This appeal is directed against the judgment and award dated 21.6.2016 passed by the Motor Accident Claims Tribunal, Chittorgarh ('the Tribunal'), whereby the Tribunal for death of one Jagdish Chandra has awarded compensation to the tune of Rs.23,05,008/- along with interest @ 9% p.a. from the date of filing application i.e. 20.3.2001.
(2.) The application was filed by the claimants inter alia with the averments that Jagdish Chandra along with his brother-in-law Mangilal was riding on motor-cycle No.RJ-06-8M-4298 from Mevda to Aakola when at about 8:00 p.m. the offending truck No.HR-46-C-0637, which was driven rashly and negligently by Ved Prakash came from the wrong side of the road and collided with the motor-cycle, resulted in grievous injuries to both Jagdish Chandra and Mangilal, to which Jagdish Chandra succumbed. It was claimed that the deceased was working as Constable with BSF and was aged about 30 years and based on the said submissions compensation to the tune of Rs. 1,03,94,000/- was claimed.
(3.) The application was opposed by the non-claimants. The insurance company filed its reply and claimed violation of policy conditions by the owner of the truck for lack of valid driving licence and permit. Further the quantum of compensation sought was also disputed.;


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