NEW INDIA ASSURANCE COMPANY LIMITED Vs. LAD KANWAR

JUDGEMENT

(1.) THIS is a special appeal under section 18 of the Rajasthan High Court Ordinance against the judgment of the learned Single Judge dated January 9, 1984.

(2.) ON 13.8.1977, an accident occurred between the Motor Vehicle Truck No. MPN 5606 and the Scooter No. RJY 6850 which was being driven by Subhendra Bhushan Acharya alongwith Gyan Chand, who was sitting on the pillion near village - Palasiyakheda Ganeshji on Ajmer- Jaipur road which is a part of National Highway No. 8. In the said accident, Subhendra Bhushan expired on the spot and Gyan Chand expired while being carried to the hospital from the place of accident.

(3.) PRITAM Singh's appeal preferred against Smt. Shakuntala Acharya and others was dismissed while the appeal filed against Smt. Lad Kanwar and others also met the same result, but the cross objections preferred by Smt. Lad Kanwar and others-respondents Nos. 1 to 3 were allowed, as a result of which, the amount of compensation was enhanced to Rs. 1,98,360/-. The learned Single Judge further awarded interest at the rate of Rs. 12% per annum from the date of application i.e. 31.10.1977 till the date of realization. The learned Single Judge reversed the judgment of the Tribunal about liability and held that the entire sum was payable by the New India Assurance Company Limited.