Allowed

Oriental Insurance Co. Ltd. v. Smt Poonam and Ors.

Rajasthan HC10 Jul 2018CMA/255/2003

Case brief

AI extract

What is this about?

Appeal by The Oriental Insurance Company Limited challenging a Motor Accident Claims Tribunal award allowing compensation to claimants for death of Vasudev. The Court allowed the appeal, set aside the award, and remanded matter due to failure of claimants to prove accident circumstances and incorrect negligence finding.

What did the court decide?

The award dated 07.09.2002 passed by the Motor Accident Claims Tribunal is set aside; appeal allowed; consequences follow.

Oriental Insurance Co. Ltd. Vs Smt Poonam and Ors. — Motor Accident Claims | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 255/2003

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The Oriental Insurance Company Limited, having its Regional office at IIIrd Floor, Anand Bhawan, S.C. Road, Jaipur through its Regional Office.

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Versus

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Kumari

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Both residents of 6

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ants-Respondents. Nagar, Jaipur. n-Claimant-Respondent

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For Appellant(s) For Claimants

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Appellant has filed this appeal, challenging the award dated 07.09.2002 passed by the Motor Accident Claims Tribunal, whereby, claim petition filed by the claimants was allowed.

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Learned counsel for the appellant has submitted that the Tribunal had decided Issue No.1 against the claimants and had held that the deceased had died on account of his own negligence

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while driving the Luna. Hence, in view of the said finding, claim petition was liable to be dismissed. The claim petition had been filed with a view to get compensation from the Insurance Company as the Luna in question was owned by the brother of the deceased.

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Learned counsel for the claimants has opposed the appeal. Claimants had filed the claim petition under Section 163A of a h,ljJ Mlcub,., the Motor Vehicle Ac~.B9.jseeking.,cqp,eneation on account of ,,r$ js - ." Y,t death of Vasudewout .> of use of vehicle bearin%g#No. RJ-14-13Mj? b@&$&>; C v278. n?*,hg?leadins of the parties, Tribunal hadifaqed Issue d?$&$ \ q+$?@ -<*. % 4&;g No.1 to'f&e effect as to whether Vasudev had died outyofwse of vehicle bearing No to prove their case, claimants had exa 2 Kishan Kumar and AW-3 Bhagwan Das.

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AW-I Poonam is eceased. In her crossexamination, she had not present at the spot where the accide . Thus, AW-I had not m~rtnessed the acciden

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AW-2 Kishan Kul regard to the income of the deceased. In he deposed that w& somebody had said th~~aga%d* hm~if with an accident while ~4% 4-q M'%QLr trying to save himself from a car. Thus, the said witness was also not present at the spot when the accident had taken place.

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AW-3 Bhagwan Das has deposed that on 23.12.1997, he had seen the Luna lying at the spot and some persons had gathered near the said Luna. The said persons were saying that accident had occurred as a speeding Maruti Van had passed by. The person who was lying near the Luna was Vasudev. In his crossexamination, he deposed that he had not witnessed the accident.

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Thus, in the present case, the claimants had failed to examine any eye witness with regard to the accident.

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In the facts and circumstances of the present case, Tribunal had rightly held that Vasudev had died on account of his own negligence while driving the Luna in question. Since, Issue No.1 had been decided against the claimants, Tribunal fell in error in awarding compensation to the claimants. Since, the deceased had

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to be dismissed. this appeal is allowed. dated 07.09.20'82 is set aside. Consequently,

Oriental Insurance Co. Ltd. v. Smt Poonam and Ors.

Case brief

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Oriental Insurance Co. Ltd. v. Smt Poonam and Ors.

Case brief

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