ASHOK BHUSHAN, M.R.SHAH
Ramkhiladi – Appellant
Versus
United India Insurance Company – Respondent
JUDGMENT :
M. R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 10.05.2018 passed by the High Court of Judicature for Rajasthan at Jaipur in SBCMA No. 2614 of 2009, by which the High Court has allowed the said appeal preferred by the respondent-insurance company by quashing and setting aside the Judgment and Award passed by the learned Motor Accident Claims Tribunal and consequently has dismissed the claim petition preferred by the original claimants, the original claimants have preferred the present appeal.
2. The facts leading to the present appeal in nutshell are as under:
2.1 That in a vehicular accident which occurred on 02.10.2006, one Chotelal alias Shivram died. The deceased was travelling on motorcycle bearing registration No. RJ 02 SA 7811. At this stage, it is required to be noted that, even as per the claimants, the accident occurred on account of rash and negligent driving of the driver of another motorcycle bearing registration No. RJ 29 2M 9223. That the appellants herein filed a claim petition before the Motor Accident Claims Tribunal, Laxmangarh (Alwar), Rajasthan (hereinafter referred to as the learned Tribunal) under Section
Dhanraj v. New India Assurance Co. Ltd. (2004) 8 SCC 553 – Relied [Para 4.1]
Oriental Insurance Co. Ltd. V. Jhuma Saha (2007) 9 SCC 263 – Relied [Para 5.9]
National Insurance Co. Ltd. V. Laxmi Narain Dhut (2007) 3 SCC 700 – Relied [Para 5.9]
Oriental Insurance Co. Ltd. V. Rajni Devi (2008) 5 SCC 736 – Relied [Para 4.2]
Premkumari v. Prahlad Dev (2008) 3 SCC 193 – Relied [Para 5.9]
New India Assurance Co. Ltd. V. Sadanand Mukhi (2009) 2 SCC 417 – Referred [Para 4.1]
Ningamma v. United India Insurance Co. Ltd. (2009) 13 SCC 710 – Relied [Para 3.7]
Reshma Kumari v. Madan Mohan (2013) 9 SCC 65 – Referred [Para 3.2]
Jitender Trivedi v. Kasam Daud (2015) 4 SCC 237 – Referred [Para ]
Naveen Kumar v. Vijay Kumar (2018) 3 SCC 1 – Distinguished [Para 3.3]
National Insurance Co. Ltd. V. Ashalata Bhowmik (2018) 9 SCC 801 – Relied [Para 4.3]
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