ORIENTAL INSURANCE CO. LTD. Vs. TEEKAAM CHAND JAIN

JUDGEMENT

(1.) - This appeal has been filed against the award dated 16-11-2006 passed by Judge, Motor Accident Claims Tribunal and Special Court (Communal Riots), Jaipur in Claim Case No. 814/2004 (465/1997) whereby an award of Rs. 19,32,480 was passed in favour of the claimant respondent No. 1.

(2.) The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

(3.) The brief facts giving rise to this appeal are that the claimant respondent No. 1 filed a claim petition before the Motor Accident Claims Tribunal, Jaipur under the provisions of Motor Vehicles Act on account of the alleged loss suffered by him due to injuries sustained in the road accident allegedly occurred on 31-3-1996 at about 4.00 p.m. when the claimant was travelling in jeep No. RJ 19 C 6510 with Rewat Singh, and when the said jeep crossed the Barwala Bye-pass suddenly a TATA 704 Truck HR 46 8889 came from Jhansi side and hit the said jeep resulting into injuries to the claimant and death of jeep driver. The said truck was being driven by respondent No. 2 rashly and negligently. The said truck was owned by respondent No. 3 and was insured with the appellant Insurance Company. The said claim petition was later on transferred to the Court of Motor Accident Claims Tribunal and Special (Communcal Riots) Jaipur where it was registered as Claim Case No. 814/2004. The claimant in the claim petition claimed that at the time of accident he was 36 years old running his business in the name of M/s. Bhagwati Traders, Merta City and was earning Rs. 9000 per month and due to accident he sustained serious injuries and as such he claimed compensation. The permanent disability was assessed by the doctor 57.60%. The respondent Nos. 2 and 3 despite service did not appear before the Tribunal and as such order to proceed ex parte was passed against them on 4-3-1998. The Insurance Company unfortunately could not file reply to the claim petition, however, the claim petition was contested by the insurer alone and as such the application under Sec. 170 filed by the Insurance Company was allowed by the Tribunal on 26-9-2001 and the appellant Insurance Company was permitted to adopt all the defence available to insured. On behalf of the claimant 3 witnesses namely Tikam Chand as A.W. 1, Mustak Pahalwan as AW 2 and Rewat Singh as AW 3 appeared before the Tribunal and produced documentary evidence marked as Ex. 1 to Ex. 766. The Tribunal vide award dated 16-11-2006 decided the claim petition awarding a sum of Rs. 19,32,480.00 to the claimant respondent along with interest @ 6% per annum payable thereon from the date of filing claim petition till its actual payment.