UNITED INDIA INSURANCE CO LTD Vs. GORA DEVI

JUDGEMENT

(1.) This special appeal under section 18 of the Rajasthan High Court Ordinance, 1949, is directed by non-claimant appellant, United India Insurance Co. Ltd. (for short, 'the appellant company') against the judgment dated 26.11.1997, of the learned single Judge, in S.B. Civil Miscellaneous Appeal No. 495 of 1995, under the impugned judgment the learned single Judge enhanced the amount of compensation to Rs. 11,10,796 from that of Rs. 5,00,000 awarded by learned Motor Accidents Claims Tribunal, Jaipur City, Jaipur in Claim Case No. 650 of 1992.

(2.) The facts of the case, in brief, are that on 23.7.1992 when Ramdhan (since deceased) was going on a motor cycle towards Laxmi Mandir Cinema Hall, Jaipur, one truck bearing No. RJ 14-G 0221, driven rashly and negligently by its driver, struck the motor cycle of the deceased, he was crushed and died on the spot. The appellant company, undisputedly, insured the offending truck. Claimants-respondents are the widow, children, mother of the deceased, they filed the claim petition for compensation against the driver, owner and the insurer of the truck, before the learned Tribunal. The learned Tribunal under its award awarded the amount of compensation aforesaid. On the amount of compensation, the learned Tribunal further ordered for payment of interest by the appellant company at the rate of 12 per cent per annum. The appellant company did not challenge the award of the learned Tribunal before the learned single Judge.

(3.) The claimants-respondents filed the aforesaid miscellaneous appeal seeking enhancement of the amount of compensation. Learned single Judge under the impugned judgment partly allowed the appeal of the claimants-respondents and enhanced the amount of the compensation as indicated above. Hence this special appeal.