SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Chh) 124

SANJAY KUMAR JAISWAL
New India Assurance (Insurance) Company Ltd. , Through Authorised Signatory – Appellant
Versus
Kuldeep Ekka, S/o. Late Rati Ram – Respondent


Advocates Appeared:
For the Appellant : Mr. B.N. Nande, Adv.
For the Respondents: Mr. Divyanand Patel, Adv. on behalf of Mr. A.K. Prasad, Adv., Mr. Sumit Shrivastava, Adv.

JUDGMENT :

1. This appeal has been filed under section 173 of the Motor Vehicles Act, 1988, challenging the award dated 04.03.2015 passed by the learned Motor Accident Claims Tribunal, Jashpur, District-Jashpur, Chhattisgarh in Motor Accident Claim No.31/2014 (“Kuldeep Ekka & Others vs. Kailash Yadav & Others”).

2. Brief facts of the case are that on 02.05.2014, 24-year-old Raili Ekka along with his friend was going to Charaidand on a motorcycle at that time respondent No. 8 Baleshwar Ram Yadav was driving a pick-up bearing registration No. JH-07-C-8696 (offending vehicle) in a rash and negligent manner and dashed the motorcycle of Raili Ekka due to which he sustained grievous injuries and died. His legal heirs, who are respondents No. 1 to 6, filed a claim application under section 166 of the Motor Vehicles Act, 1988 against the driver (Baleshwar Ram Yadav) of the offending vehicle, registered owner/respondent No. 7 (Kailash Yadav) and the appellant (insurance company) on which after due proceedings, the Tribunal passed an award of Rs. 45,92,880/- in favour of the legal heirs of the deceased. The appellant was found to be the insurer of the offending vehicle and was held liable to

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top