NEW INDIA ASSURANCE CO. LTD. Vs. SURENDRA SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 12/3/2018 passed by the Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby, the Tribunal has awarded a compensation of Rs. 19,22,264/- along with interest @ 9% p.a. from the date of application i.e. 7/5/2015. Further, though the Insurance Company has been exonerated from the liability to pay compensation on account of violation of policy conditions, a direction to pay and recover has been given by the Tribunal.

(2.) The application for compensation was filed by the claimants inter alia with the averments that on 27/11/2014 one Roop Singh and Shravan Kumar were standing on the road side after parking their motorcycle, when the truck tanker No. RJ-22-GA-4192, which was being driven rashly and negligently by its driver, Bheema Ram, came and struck Roop Singh and one Parbat Singh, who had joined them, resulting in Roop Singh receiving severe injuries to which he succumbed on 17/1/2015. It was claimed that deceased was aged 57 years and was engaged in the business of brokerage pertaining to sale/purchase of properties and used to earn Rs. 20,000/- per month. Based on the said averments, compensation to the tune of Rs. 1,08,80,000/- was claimed.

(3.) The application was contested by the non-claimant, wherein, the averments made in the application were denied. It was contended that the accident occurred on account of negligence of the deceased.