LAWS(RAJ)-2009-10-28

UNITED INDIA INSURENCE CO LTD Vs. BABU LAL

Decided On October 22, 2009
UNITED INDIA INSURENCE CO LTD Appellant
V/S
BABU LAL Respondents

JUDGEMENT

(1.) SINCE the aforesaid three appeals arise out of and pertain to judgment and award dated 19th September, 1997 rendered by Motor Accident Claims Tribunal, Dausa, they are being disposed of by this common judgment.

(2.) THE facts necessary for the disposal of these appeals succinctly stated are that on 2nd October, 1995 at about 1.30 in the night, the deceased Deendayal and Shyamsundar were coming by Jeep No.RJ-14-1C-3615 from Amer to Jaipur. No sooner did they reach opposite the Surojpol Grain Mandi, Jaipur on National Highway NO.8, Nathu Lal-the driver of the Jeep while driving it rashly and negligently, collided with truck No.DL-1G-5174 coming from the opposite direction, resulting into the death of both Deendayal and Shyamsundar. It is revealed that truck was being driven by Mukesh Kumar and Jeep was being driven by Nathu Lal, who were in the employment of the owners of the truck and jeep, respectively. THE truck was insured with the Oriental Insurance Co.Ltd. Jaipur and the Jeep was insured with United India Insurance Co.Ltd. THE deceased Deendayal, at the time of accident, was 21 years old and the deceased Shyamsundar was of the age of 22 years.

(3.) THE learned Tribunal has also considered the age of the deceased in right perspective and the multiplier also has been applied as per the IInd Scheduled of the Motor Vehicles Act. THE discussion with regard to computing the quantum of compensation is found to be apt and accurate. It is not general in nature. THE finding of the Tribunal is well merited, which warrants no intervention.