NEW INDIA ASSURANCE CO LTD Vs. DHANNA

JUDGEMENT

(1.) In this bunch of intra-court appeals, filed under Section 18 of of Rajasthan High Court Ordinance, 1949, appellant New India Assurance Co. Ltd. is challenging the common judgment dated 05.11.1993 passed by the learned Single Judge, whereby, learned Single Judge dismissed S.B. Civil Misc. Appeals No.10, 11, 12 and 13 of 1988; and, partly allowed S.B Civil Misc. Appeal No.8/1988 with cost and held the insurance company liable to the extent of Rs.50,000/-.

(2.) Brief facts stated in the claim petitions filed by respective claimant- respondents are that on 31.05.1979 truck No.GTY 4126, owned by Suresh Nathuram Agrawal (respondent No.3) and insured by appellant was bringing cement from Kandla to Banswara and said vehicle was driven by driver Laxman. Injured Radha Kishan, Nanu Ram, Girdhari and Kamla and deceased Laxman, Gangaram and Bherunath boarded it at the bus stand of the village Mangana along with their baskets of fish after paying their fare and also the freight of the baskets. Deceased Virendra Kumar was khalasi in the truck. While the said truck was passing through Chanduji-ka-Ghata (P.S. Loharia), it fell down in a ditch. As a result thereof, aforesaid persons received injuries and Laxman, Ganga Ram, Bheru Nath and Virendra Kumar died as a result of the injuries. The accident took place due to rash and negligent driving of the truck by its driver. Claim petitions were filed by the injured as well as legal representatives of the aforementioned deceased persons. After holding trial, the Tribunal awarded compensation, as mentioned below, against the owner, driver and insurance company. <FRM>JUDGEMENT_1336_RAJLW2_2010Html1.htm</FRM>

(3.) Against aforesaid award dated 01.08.1987 passed by the Motor Accident Claims Tribunal, Banswara (District Judge, Banswara), aforementioned five miscellaneous appeals were filed before this Court by the appellant New India Assurance Co. Ltd. Learned Single Judge, vide common judgment dated 25.11.1993, dismissed appeals No.10, 11, 12 and 13 of 1988 with cost and, miscellaneous appeal No.8/1988 was partly allowed with cost and appellant insurance company was held liable to the extent of Rs.50,000/-.