MANOHAR LAL BHATI AND OTHERS Vs. CHHAGNA RAM AND OTHERS
LAWS(RAJ)-2018-8-34
HIGH COURT OF RAJASTHAN
Decided on August 09,2018

Manohar Lal Bhati And Others Appellant
VERSUS
Chhagna Ram And Others Respondents

JUDGEMENT

ARUN BHANSALI,J. - (1.) These appeals and cross-objections, arise out of an accident, which occurred on 16.06.2006 between a Pickup and a Truck, regarding which, 19 claim petitions were filed seeking compensation either by the injured or by the legal representatives of the deceased.
(2.) The claim petitions were decided by judgments and awards dated 04.09.2010. While 17 claim petitions were decided by a consolidated judgment, 2 claim petitions were decided by two separate judgments.
(3.) While deciding the claim petitions, the Tribunal came to the conclusion that both the driver of the Truck as well as Pickup were guilty to the extent of 50%, which resulted in the accident. While the Truck was insured with the Oriental Insurance Company, the Pickup was insured with the New India Assurance Company. The Tribunal on account of violation of policy condition, exonerated the insurer of the Pickup and that of the Truck, however, in case of the Truck the order to pay and recover was passed.;


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