Nemichand v. Kunni
Case brief
What is this about?
In S.B. Civil Misc. Appeal No. 1175/2019, the High Court modified the ex-gratia award by quashing the Tribunal's exoneration of New India Assurance Company Ltd., holding the deceased second driver covered under the commercial vehicle liability clause, while confirming the exoneration of IFFCO Tokio. Compensation is to be paid by the liable insurer.
What did the court decide?
The appeal against exoneration of New India Assurance Company Ltd. was allowed; the award was modified to make the insurer liable to pay compensation.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1175/2019
- Smt. Kunni W/o Late Shri Panna Ram, Aged About 38 Years, B/c Jat, R/o Khabarda Khurd, Tehsil Osian, District Jodhpur.
- Leela D/o Late Shri Panna Ram, Aged About 17 Years, Minor Through Natural Guardian Mother Appellant Claimant No. 1. Smt. Kunni W/o Late Shri Panna Ram. B/c Jat, R/o Khabarda Khurd, Tehsil Osian, District Jodhpur.
- Mukesh S/o Late Shri Panna Ram, Aged About 13 Years, Minor Through Natural Guardian Mother Appellant Claimant No. 1. Smt. Kunni W/o Late Shri Panna Ram. B/c Jat, R/o Khabarda Khurd, Tehsil Osian, District Jodhpur.
- Prakash S/o Late Shri Panna Ram, Aged About 12 Years, Minor Through Natural Guardian Mother Appellant Claimant No. 1. Smt. Kunni W/o Late Shri Panna Ram. B/c Jat, R/o Khabarda Khurd, Tehsil Osian, District Jodhpur.
- Heera W/o Late Shri Deva Ram, Aged About 70 Years, B/c Jat, R/o Khabarda Khurd, Tehsil Osian, District Jodhpur.
----Appellants
Versus
Issues for consideration
2 issues framed by the court
Whether the deceased second driver was covered under the insurance policy as a person employed for the vehicle.
Whether the Tribunal erred in exonerating the insurer of the deceased's own truck.
Parties & counsel
- appellant
Smt. Kunni W/o Late Shri Panna Ram
- appellant
Leela D/o Late Shri Panna Ram
- appellant
Mukesh S/o Late Shri Panna Ram
- appellant
Prakash S/o Late Shri Panna Ram
- appellant
Heera W/o Late Shri Deva Ram
- respondent
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CMA/1956/2019
Similar cases
Judgements on the same questions, provisions and authorities, from every court