(1.) The aforementioned SB Civil Misc. Appeal No.3487/2014 & 3473/2014 have been filed by the appellant Oriental Insurance Company Ltd. under Section 173 of the Motor Vehicle Act, 1988 being aggrieved by the judgment and award dated 8 th July, 2014 passed by the Judge, Motor Accident Claims Tribunal and Additional District Judge No.14, Jaipur Metropolitan, (herein after referred to as 'the Tribunal') in Claim Petition Nos.15/2013 (1168/2009) and 17/2013 (1169/2009). Whereas SB Civil Misc. Appeal No.236/2015 and 238/2015 have been filed by the claimants being dissatisfied with the amount of compensation. Since, all the four appeals arise out of the common judgment and are related to the same accident, the same are being decided by this common judgment.
(2.) Briefly stated, the facts of the case are that claimantsrespondent Nos. 1 to 4 filed claim petitions before the Tribunal on 20th June, 2009 on account of the alleged loss suffered by them due to the death of Dr. Raju Ratnani and Meena Ratnani who died in the road accident which took place on 5 th June, 2009 at about 1.00 P.M. As per the allegation of the claimants, the accident took place due to rash and negligent driving of non-claimant Ramswaroop Gurjar, driver of Trolla No. RJ-32-GA-4436 owned by non-claimant Ramesh Chand Gurjar and insured with the nonclaimant-appellant. In short the case of the claimants was that on 5 th June, 2009, Dr. Raju Ratnani along with his wife Meena Ratnani and son Nishant were going towards Ajmer from Jaipur in his car No. RJ-01-CA-2064. Dr. Ratnani was driving his car in lane No.1 at a normal speed. Then at about 1.00 P.M. suddenly and without giving any indication and negligently, the driver of Trolla No. RJ-32-GA-4436 came from 2 nd lane to 1 st lane and the car collided with the back portion of Trolla. Due to the accident the car got badly damaged and Meena Ratnani died on the spot while Dr. Raju Ratnani died during treatment. Their son Nishant Ratnani sustained serious injuries. Due to the loss suffered by the claimants on account of the death of Dr. Raju Ratnani and Meena Ratnani, the claimants filed two claim petitions. Claimant Nishant Ratnani filed separate claim petition No.16/2013(1412/2009) claiming compensation for the injuries suffered by him in the accident. It was further mentioned that at the time of the accident, deceased Dr. Raju Ratnani was 45 years of age and was working as Associated Professor in Chemistry Department of Mehrishi Dayanand Saraswati University, Ajmer. He was getting monthly salary as Rs.37,445/-. At the time of accident Meena Ratnani was 43 years of age and was posted as teacher in Mayur School, Ajmer and was getting a monthly salary as Rs.22,435/-.
(3.) The appellant Insurance Company filed its reply to the claim petitions and disputed the fact that the accident had occurred due to the rash and negligent driving of the Trolla. Rather the deceased was driving the car at a high speed and could not control the same when the Trolla changed its lane from lane no.2 to lane no.1. Some objections regarding non-compliance with statutory provisions of the MV Act by the owner of the Trolla were also raised.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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