UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUSHILA DEVI

JUDGEMENT

(1.) Both the appeals arise out of common judgment and award, hence the same are being decided together.

(2.) Both the appeals arise out of the impugned judgment and award dtd. 2/5/2017 passed by the Court of Motor Accident Claims Tribunal-cum-Additional District and Sessions Judge No.4, Jaipur, District Jaipur (hereinafter referred to as 'the Tribunal') in Motor Accident Claim Case No.379/2014 (101/10) by which claim petition filed by the claimant (now deceased) has been allowed and the Insurance Company has been directed to pay a compensation of Rs.6,95,533.00 to the claimant along with interest @ 9 % per annum w.e.f. the date of filing of the claim petition. The appellant-Insurance Company has submitted the appeal No.3686/2017 before this Court on the ground that there is a delay of one day in lodging the FIR and no eye witness of the incident was examined, hence, the claimant has failed to prove the negligence of the driver of the vehicle. In support of his contentions, learned counsel for the Insurance Company has placed reliance on the judgment of Hon'ble Supreme Court in the case of Minu B. Mehta & anr. vs. Balkrishna Ramchandra Nayan & anr. reported in 1977, ACJ 118, Sunit & Ors. Vs. Rajasthan State Road Transport Corporation & Anr. reported in MACD 2019(1) (SC) 42 and the judgment of this Court in the case of Cholamandalam General Insurance Company Ltd. Vs. Smt. Badami & ors. in SB Civil Misc. Appeal No.1148/2018.

(3.) Learned counsel for the Insurance Company further submitted that the judgment passed by this Court in the case of Smt. Badami Devi (supra) was challenged before the Hon'ble Apex Court. Hon'ble Apex Court while dismissing the appeal, upheld the judgment passed by this Court.