NEW INDIA ASSURANCE COMPANY LTD Vs. SABANA BANO

JUDGEMENT

(1.) The appellant, the New India Assurance Company Ltd. is aggrieved by the award dated 21.9.2013 passed by the Additional District & Sessions Judge, No.4 and Motor Accident Claims Tribunal, Jaipur District, Jaipur, whereby the learned Tribunal has awarded a compensation of Rs. 5,18,000/- in favour of the claimants-respondents.

(2.) The brief facts of the case are that on 9.1.2008, around 10:00 PM, Ahmed along with his two friends, Asfaar Ahmed and Manshad, were going on a motorcycle, bearing Registration No. RJ-14 SE 8876 (the offending vehicle in this case) from Muhana Mandi to their homes. When they were crossing Sonu Kirana Store located at Vaishnav Chamber, Afsaar Ahmed asked Manshad to stop the vehicle as he needed to make a call on his mobile phone. While Afsaar Ahmed was talking on the mobile, suddenly a Mahindra Pick-up truck came, which was being driven rashly and negligently, and hit the motorcycle. Ahmed, who was sitting on the motorcycle, sustained grievous injuries. Although, he was rushed to the SMS Hospital, Jaipur, he expired in the night. Since the claimants lost their sole bread earner, they filed a claim petition before the learned Tribunal. In order to support their case, the claimants examined two witnesses and submitted nine documents. The insurance company, on the other hand, neither examined any witness, nor submitted any document. After going through the oral and documentary evidence, the learned Tribunal granted the compensation as aforementioned. Hence, this appeal on behalf of the insurance company before this Court.

(3.) Mr. P.K. Kasliwal, the learned counsel for the appellant has raised the following contentions before this Court-