LAWS(RAJ)-2017-5-249

SBI GENERAL INSURANCE COMPANY LIMITED RAJ TOWER MIDDLE BLOCK SAHELI MARG Vs. UDAY LAL SON OF NATHU GAMETHI

Decided On May 12, 2017
Sbi General Insurance Company Limited Raj Tower Middle Block Saheli Marg Appellant
V/S
Uday Lal Son Of Nathu Gamethi Respondents

JUDGEMENT

(1.) Instant civil misc. appeal has been filed under Section 173 of Motor Vehicles Act against the judgment/award dated 21.02.2017 passed by learned Judge, MACT Cases, Udaipur in MACT Case No. 87/2016 whereby, the learned Tribunal allowed the claim petition and ordered the non-claimant Insurer to pay the amount of compensation in the sum of Rs. 3,39,800/- to the claimants along with interest @ 8.5% per annum.

(2.) Brief facts of the case are that the claimants filed a claim petition contending that on 24.08.2014, claimants Uday lal and Ram lal were going on motorcycle in the evening at around 4 :00 PM, at that time the respondent non-claimant No. 1 Driver driving the Truck No. RJ-27-GB 3066 rash and negligently hit the motorcycle resulting in several simple and grievous injuries to the claimants. An FIR was registered at police station and after investigation, charge-sheet was filed against the non-claimant driver.

(3.) The learned Tribunal after considering the rival contentions and evidence on record partly allowed the claimant petition and directed the appellant insurer and non-claimants to pay the compensation amount in the sum of Rs. 3,39,800/- along with interest @ 8.5%.