S.B. Civil Misc. Appeal No. 2623/2016. Case: HDFC ERGO General Insurance Company Ltd. Vs Nimaji and Ors.. Rajasthan High Court

Case Number:S.B. Civil Misc. Appeal No. 2623/2016
Party Name:HDFC ERGO General Insurance Company Ltd. Vs Nimaji and Ors.
Counsel:For Appellant: Jagdish Vyas, Adv. and For Respondents: H.S. Jodha, Pawan Ojha and Shier Singh Rathore, Advs.
Judges:Goverdhan Bardhar, J.
Issue:Motor Vehicles Act, 1988 - Section 173
Judgement Date:February 03, 2017
Court:Rajasthan High Court
 
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Judgment:

Goverdhan Bardhar, J.

  1. Instant appeal has been filed by the appellant Insurance company under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 06.09.2016 passed by learned Judge, MACT-I, Jodhpur in Claim Case No. 749/2012 whereby, the learned Judge, MACT Cases has awarded compensation in the sum of Rs. 6,94,272/- to the claimant respondents.

  2. Succinctly stated, facts of the case are that a claim petition was filed by the respondent No. 1 & 2 before the Motor Accident Claims Tribunal, Jodhpur, stating therein that on 09.06.2012, when the deceased Jepu Khan was coming home from Ramzan ki Dhani, at that time around 1:15 PM one Jeep bearing No. RJ 19-TA-0433 being driven rash and negligently by the driver hit the Jepu Khan and consequently due to grievous injuries, he died on the spot. As per claim petition, the deceased was 19 years of age and was earning Rs. 9000/- per month, therefore, it was prayed in the claim petition that a sum of Rs. 48,75,000/- may be awarded as compensation in favour of the claimants.

  3. The non-applicant No. 1 & 2, the owner/insured and driver of the vehicle filed reply to the claim petition and stated that the accident was caused due to negligence of the deceased and since the vehicle was insured with the insurance company, the liability to pay compensation is upon the insurance company. The appellant insurance company filed its reply and raised preliminary objection that Vehicle No. RJ-19 TA-0433 was not insured with the insurance company on the date of accident as the policy No. 23132002275427800000 was valid from 12.06.2012 to 11.06.2013 whereas, the accident occurred on 09.06.2012 i.e. prior to the insurance and therefore, the insurance company is not liable to make payment of compensation.

  4. On the basis of pleadings, the learned Judge, MACT Cases framed following issues for consideration:-

    "1. Whether on 09.06.2012 at 1:15 PM on the road from Falsund to Bhurjgarh near Ladhu Khan ki Dhani, the non applicant No. 1 Driver of vehicle No. RJ 10-TA-0433 while driving the vehicle in rash and negligent manner caused the accident due to which Jepu Khan succumbed to injuries?

  5. Whether non-applicants is absolved from liability to pay compensation to the claimants?

  6. Whether the claimants are entitled to get compensation as claimed in the claim petition, if yes, from who and how much and in what proportion the claimants shall be entitled to receive the amount of...

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