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

SINDHU SHARMA
Bajaj Allianz General Insurance Company Ltd. – Appellant
Versus
Kamlesh Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Baldev Singh, Advocate
For the Respondents:Ankush Manhas, Advocate

JUDGMENT :

Sindhu Sharma, J.

1. This appeal is filed by the appellant/Bajaj Allianz General Insurance Company Limited against the award dated 26.12.2016 passed in file No.29/Misc. by the learned Motor Accident Claims Tribunal, Bhaderwah (hereinafter to be referred to as 'the Tribunal) vide which the learned Tribunal had awarded a sum of Rs. 9,02,400/- to respondent Nos. 1 to 6 (hereinafter to be referred to as 'claimants') as compensation on account of the death of the deceased Payar Chand along with interest at the rate of 6% per annum from the date of petition till the payment is realized.

2. The ground of challenge in this appeal are as under:

i. That the learned Tribunal has wrongly fixed the monthly income of the deceased at Rs. 4,500/- per month in the absence of any evidence and increased the same by 30% as future prospects;

ii. That the appellant is not liable to satisfy the award because his owner is covered by the Act Policy which provides for limited liability as the owner was insured for five passengers.

3. Factual matrix of this case is that that the deceased Payar Chand

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