UNITED INDIA INSURANCE COMPANY LIMITED Vs. HUDI
LAWS(RAJ)-2013-12-30
HIGH COURT OF RAJASTHAN
Decided on December 03,2013

UNITED INDIA INSURANCE COMPANY LIMITED Appellant
VERSUS
Hudi Respondents


Referred Judgements :-

ORIENTAL INSURANCE COMPANY LIMITED (THE) V. MEENA VARIYAL AND ORS. [REFERRED TO]
UNITED INDIA INSURANCE CO LTD VS. TILAK SINGH [REFERRED TO]
BHUWAN SINGH VS. ORIENTAL INSURANCE COMPANY [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. YOGESH [REFERRED TO]
NATIONAL INSURANCE COMPANY LTD VS. BALAKRISHNAN [REFERRED TO]


JUDGEMENT

- (1.)This appeal is directed against judgment and award dated 12.04.2010 passed by the Motor Accident Claims Tribunal (Fast Track), Banswara ('the Tribunal'), whereby, for death of one Khima, the Tribunal has awarded a sum of Rs.3,99,000/- alongwith interest @ 6% per annum and the appellant Insurance Company has also been held liable for payment of compensation. The facts in brief may be noticed thus: an application for compensation ('the application') was filed by the claimants, who are wife and children of deceased Khima, with the averments that on 24.06.2004 deceased Khima was travelling in Jeep No.MP 15D 4842 from village Bhurakunda to Kherali Bassi, and was being driven rashly and negligently by driver of the said jeep, which resulted in the deceased falling off the said vehicle and suffering grievous injuries and later succumbed to the said injuries. A compensation to the tune of Rs.13,75,000/- alongwith interest was sought.
(2.)The appellant Insurance Company filed its reply to the application and, inter alia, raised defence that the jeep involved in the accident was a private jeep and was insured for private use and as the deceased was a fare paying passenger and no premium was charged covering the risk of any passenger in the vehicle, the Insurance Company was not liable for payment of compensation. It was also pleaded that the driver of the vehicle was not in a possession of effective and valid driving licence and the same being violation of policy conditions, the Insurance Company was not liable for payment of compensation.
(3.)The Tribunal framed four issues and came to the conclusion that the vehicle was being driven rashly and negligently by its driver Ram Chand, which resulted in the death of Khima. The Insurance Company was also liable to make payment of the amount of compensation and the claimants were entitled to a sum of Rs.3,99,000/- as compensation alongwith interest @ 6% per annum.


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