V.S.SIRPURKAR, S.B.SINHA
Oriental Insurance Co. Ltd. – Appellant
Versus
Rajni Devi – Respondent
Based on the provided legal document, here are the key points regarding the case of Oriental Insurance Co. Ltd. versus Rajni Devi & Ors.:
JUDGMENT
S.B. Sinha, J. —
1. Leave granted.
2. Respondent filed an application under Section 163-A of the Motor Vehicles Act, 1988 (the Act) claiming compensation for death of one Janak Raj (the deceased). He was riding on a motorcycle along with one Sukhdev Raj. Who was actually on the driver’s seat is not known. The motorcycle is said to have gone out of control resulting in the accident.
3. Appellant herein, having been issued notice, resisted the claim, inter alia, contending that although the owner of the vehicle deposited an extra amount of Rs.50 covering his personal insurance, the same would not cover the case of the pillion rider and in any event, the owner of the vehicle is not a third party within the meaning of Section 147 of the Act. The Motor Vehicles Accident Claims Tribunal, having regard to the pleadings of the parties, framed the following issues :
“1. Whether on 7.9.2004 at 4.05 pm Janak Raj had died in a road accident? OPP
2. Whether the Claimants are LRs and were dependant upon the deceased? OPP
3. Whether the claimants are entitled to compensation? If so, how much and from which of the respondents? OPP
4. Whether the motorcycle was being driven in contraventi
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.