UNITED INDIA INSURANCE CO. LTD. Vs. JYOTI SONI

JUDGEMENT

(1.) THE United India Insurance Co. Ltd. is aggrieved by the award dated 12.11.2013 passed by MACT (Special Court Communal Riot Cases), Jaipur Metropolitan, whereby the learned Tribunal has granted an award of Rs.5,71,696/ - along with the interest of 6% per annum to the claimants -respondents.

(2.) THE brief facts of the case are that on 2.12.2009, Shankar Lal Soni registered an FIR at Police Station Jhotwara, wherein he claimed that on 15.11.2009, around 8:00 PM, his nephew, Devendra, informed him on phone that his son, Narendra Kumar Soni, and his friend Rinku @ Manish have met with a vehicular accident. He immediately rushed to the Hospital. There Rinku and Devendra told him that Rinku and Narendra Kumar Soni were riding on their motorcycle from Pandit Ji Ki Thadi to Pankha Side. While Narendra was driving the motorcycle, Rinku was sitting as pillion rider. Suddenly, a Maruti Car, bearing Registered No. RJ -18 -C -5525, came rashly and negligently, and collided with the motorcycle on the wrong side of the road. Consequently, Narendra suffered injury on his head, and suffered fracture on both his legs. Rinku suffered an injury on his head. Narendra continued to be at SMS Hospital from 15.11.2009 to 22.11.2009; he was in the S.K. Soni Hospital from 22.11.2009 to 25.11.2009. On the basis of this complaint, a formal FIR was chalked out. With the death of Narendra, claimants filed a claim petition before the Tribunal. In order to buttress their case, they examined three witnesses, and submitted few documents. The Insurance Company did not examine any witness. After going through oral and documentary evidence, the learned Tribunal granted the award as aforementioned. Hence, this appeal by the Insurance Company.

(3.) HEARD the learned counsel for the appellant and perused the impugned award.