Dismissed

The Oriental Insurance Company Limited v. Sanwar Lal

Rajasthan HC7 Jan 2019CMA/1930/2018

Case brief

AI extract

What is this about?

The Insurance Company appealed against the Motor Accident Claims Tribunal's order awarding Rs. 52,022 to a driver injured in a road accident. The High Court upheld the Tribunal's assessment, finding the amount just and reasonable under Section 168 of the Act and dismissing the appeal.

What did the court decide?

The appeal was rejected as the compensation amount awarded by the Tribunal was found just and reasonable.

The Oriental Insurance Company Limited Vs Sanwar Lal — Motor Accident Claims | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Misc. Appeal No. 1930/2018

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The Oriental Insurance Company Limited, Through Its Authorised Officer, T.p. Hub 637-B, Third Floor, Bhansali Tower, Residency Road, Jodhpur. (Insurer)

¶4

----Appellant

¶5

Versus

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Sanwar Lal S/o Shri Srikishan Gurjar, Resident Of Raghunathpura, Tehsil Kotdi

¶7

Shahid Hussain S/o Chand Mohd. Nagori, Resident Of 129, Ayodhya Basti, Police Station Mahipur, District Ujjain (M.p.) (Owner)

¶8

Jitendra S/o Shri Tola Ram Parmar, Resident Of 161, Kadai, Police Station Mahidpur, District Ujjain (M.p.) (Driver)

¶9

----Respondents

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For Appellant(s) : Mr. Mukul Singhvi

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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07/01/2019

¶14

Appellant-insurance company has preferred this appeal to challenge judgment and award dated 06.03.2018, passed by Motor Accident Claims Tribunal, Bhilwara (for short, ‘learned Tribunal’). The learned Tribunal by the impugned judgment and award, partly allowed claim of first respondent under Section 166 of the Act and awarded compensation to the tune of Rs.52,022/for the injuries suffered by him in road accident.

¶15

The main edifice of the claim was that respondent-claimant suffered injury due to rash and negligent driving of the insured vehicle, which resulted in simple and grave injuries. Besides

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(2 of 2)

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[CMA-1930/2018]

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sufferance of injury, it is also proved by the respondent-claimant that he remained hospitalized for four days and incurred huge amount for his medical attendance.

¶19

The learned Tribunal decided issue of rash and negligent driving against the insured vehicle and, while resorting to issue relating to quantum of compensation, has moderately assessed the compensation, which by no stretch of imagination be categorized as excessive or exorbitant.

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In my considered opinion the amount assessed is just and reasonable within the four corners of Section 168 of the Act, and therefore, no interference with the impugned judgment and award is warranted.

¶21

Resultantly, the appeal fails and same is hereby rejected.

¶22

(P.K. LOHRA),J

¶23

16-AnilKC/-

The Oriental Insurance Company Limited v. Sanwar Lal

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Limited v. Sanwar Lal

Case brief

What is this about?

What did the court decide?

What the court decided

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