NEW INDIA ASSURANCE COMPANY LIMITED Vs. RAJNI

JUDGEMENT

(1.) Both the misc. appeals arise out of common judgment and award passed by the Motor Accident Claims Tribunal, Dholpur (for short 'the tribunal'), hence same are being decided together by a common judgment.

(2.) Both the misc. appeals have been filed by the appellant Insurance Company against the impugned judgment and award dtd. 18/2/2019 passed by the tribunal, by which the claim petitions filed by the claimants were allowed and the appellant-Insurance Company has been directed to pay compensation determined by the tribunal.

(3.) Counsel for the appellant- Insurance Company submits that there was contributory negligence on the part of the deceased and to prove this fact, statement of the driver of the offending vehicle i.e. NAW1-Sharif was recorded, who has categorically stated in his statement that he after parking the vehicle on the road side, went to discharge the call of nature and in the meantime, the deceased came on a motor-cycle and dashed into the vehicle. Counsel submits that the tribunal has discarded the testimony of this witness for the reason that after investigation, charge-sheet was submitted against him and the statements of eye-witnesses namely; AW1-Rajni and AW2- Kamla were recorded. Counsel submits that without recording any cogent finding, the tribunal has decided the issue No. 1 against the appellant-Insurance Company. Counsel submits that under the conventional heads etc., an amount of Rs.3,10,000.00 has been awarded in favour of the claimants. Counsel submits that in view of the judgment delivered by the Hon'ble Apex Court in the case of National Insurance Company Limited v. Pranay Sethi, reported in AIR 2017 SC 5157, the claimants were entitled to get in lump-sum an amount of Rs.70,000.00. Thus, interference of this Court is warranted in the impugned judgment and award.