ORIENTAL INSURANCE COMPANY LIMITED Vs. JAMNA BAI

JUDGEMENT

(1.) Appellant-Insurer has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'Act') to challenge judgment and award dated 16.05.2017, passed by Motor Accident Claims Tribunal, Rajsamand (for short, 'learned Tribunal').

(2.) Learned Tribunal, by the impugned judgment and award, while adjudicating claim of the respondents under Section 166 read with Section 140 of the Act, quantified and awarded compensation to the tune of Rs.28,61,864/- under different heads.

(3.) The facts apposite for the purpose of this appeal are that respondent-claimants filed a claim under the aforesaid provision inter-alia on the ground that deceased Bhim Singh, aged 55 years, while on duty, on 27.06.2015, was returning from Delwada to Kailashpuri on motorbike, met with an accident, which was caused by Truck-Container bearing registration No.HR-38-P-9309. As a consequence of the accident Bhim Singh suffered grave and serious crushing injuries and eventually during treatment at Maharana Bhupal Govt. Hospital, succumbed to the injuries. It is averred in the claim that at the time of death, deceased was constable with Police Department and all the claimants are his dependents. Attributing total callousness and negligence on the part of insured vehicle, the respondent-claimants quantified total amount of compensation to the tune of Rs.1,55,40,000/- under different heads.