2013 Supreme(Raj) 1857
ARUN BHANSALI
National Insurance Company, Branch Bhilwara, Divisional, Jodhpur – Appellant
Versus
L. Rs. of Ganpat Lal – Respondent
For the Appellant:S.R. Paliwal on behalf of Anil Bachhawat, Advocate.
For the Respondents:Rekha Borana, Anurag Shukla and Rakesh Sinha, Advocates.
JUDGMENT
1. - Heard learned counsel for the parties.
2. This appeal by the insurer is directed against judgment and award dated 12.01.1999 made by the Motor Accident Claims Tribunal, Bhilwara ('the Tribunal'), whereby, for the death of one Pusha Lal on 20.12.1990, a sum of Rs. 62,000/- has been awarded as compensation.
3. While the appellant Insurance Company is aggrieved against the liability imposed, the claimants have filed cross-objections for enhancement of the award.
4. The facts in brief may be noticed that on 20.12.1990 deceased Pusha Lal was travelling in a Car No.RJ06-176 from Hameergarh to Bhilwara; when at around 06:30 AM the car collided with a Truck No.RNE-5301 from behind, which resulted in death of said Pusha Lal. It was claimed that Pusha Lal was aged about 17 years and was contributing to the family to the extent of Rs. 600/- per month. The claimants claimed compensation to the tune of Rs. 6,25,000/- under various heads.
5. The averments made in the application for compensation ('the application') were disputed by the appellant Insurance Company, inter alia, with the submissions that the vehicle was insured under 'Act only' policy and, therefore, for the death of a pa
Click Here to Read the rest of this document