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ARCHANA PURI
Kailash – Appellant
Versus
Usha Devi – Respondent
JUDGMENT :
ARCHANA PURI, J.
1. These are two appeals, filed by the rival parties to assail the Award dated 29.08.2014 passed by learned Motor Accident Claims Tribunal (hereinafter referred to ‘Tribunal’), whereby, compensation was granted, on account of death of Bajrang, in a motor vehicular accident, which took place on 24.06.2013.
2. For the convenience of the discussion, the parties are referred to as making appearance before the Tribunal.
3. On appraisal of the evidence, brought on record, learned Tribunal had granted compensation, to the extent of Rs.47,60,758/-, to the claimants. The liability was fastened only upon the driver and owner (respondents No.1 and 3) of offending vehicle bearing registration No.RJ- 32PA-1734, jointly and severally. However, the insurance company was absolved from any liability.
4. Feeling aggrieved by the aforesaid Award, FAO-9782-2014 has been filed by the driver and owner, namely Kailash and Parkash Chand, respectively, to challenge the findings of exoneration of the Insurance Company from making payment of the compensation, so worked upon. Beside
The main legal point established in the judgment is the assessment of compensation for motor vehicular accidents, the liability of the driver, owner, and insurance company, and the deduction of compe....
The main legal point established in the judgment is the joint and several liability of the insurance company, driver, and owner in a motor vehicle accident, as well as the principles governing the ca....
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