Research › Search › Judgment

Rajasthan High Court · body

2011 DIGILAW 519 (RAJ)

New India Assurance Co. Ltd. v. Manju Sharma

2011-03-09

MAHESH CHANDRA SHARMA

body2011
JUDGMENT 1. - This misc. appeal has been filed by the appellants against the award dated 24-7-2007 passed by learned Judge, Motor Accident Claims Tribunal, Kota (for short the learned Tribunal') in claim case No. 408/2003 whereby an award has been passed in favour of the claimants respondents as Rs. 6,52,000/- along with interest @ 6% per annum from the date of filing petition till its payment. 2. Brief facts of the case are that on 20-7-2003 deceased Santosh Kumar Sharma was going on Luna No. RJ-20-6M-3474. While going near Shri Ram Renyans DCM Wali near Power house, a truck hearing its registration No. RNW-763 came from opposite direction which was being driven rashly and negligently by its driver, collided with the Luna, resulting serious injuries sustained to him and during treatment in the hospital, he died. The Luna also got damaged. 3. FIR was lodged regarding this incident. Thereafter, claimants appellants filed claim petition before the learned tribunal. Notices were issued. Written statement was filed. The issues were framed. Thereafter, the learned tribunal after hearing both the parties passed the impugned award. Hence, this misc appeal before this Court. 4. Learned counsel for the appellant submits that the learned Tribunal while passing the impugned award has not considered the evidence of the witnesses and has erred in passing the impugned award. The learned Tribunal has committed a grave error while taking into consideration the income of the deceased as Rs. 6,000/- per month without any basis. The site plan also shows that the deceased was also responsible for causing accident, as such, the findings given on issue Nos. 1 and 2 are erroneous, illegal and beyond the material on record. 5. On the other hand learned counsel for the respondents have seriously opposed the aforementioned submissions advanced by the learned counsel for the appellants and submits that the learned Tribunal has passed the impugned award after properly considering the facts of the case as also the material made available to it. The driver of the truck was driving the truck rashly and negligently and due to which deceased Santosh Kumar Sharma died. The deceased at the time of accident was working as Marketing Supervisor in Electro Chemical, Kota and at that time he was 43 years of age. The deceased behind him has left, old parents, widow, two daughters and one son. The deceased at the time of accident was working as Marketing Supervisor in Electro Chemical, Kota and at that time he was 43 years of age. The deceased behind him has left, old parents, widow, two daughters and one son. Lastly, they submit that the learned Tribunal although assessed the income of the deceased on the lower side. Thus, the impugned award passed by the learned Tribunal need no interference of this Court. 6. From a bare perusal of the facts of the case as also after carefully scanning the entire material made available to me, in my considered view, the learned Tribunal has rightly passed the impugned award. Thus, the impugned award passed by the learned Tribunal needs no interference of this Court. 7. In the result this misc. appeal is devoid of merits and stands dismissed after conforming the award dated 24-7-2007 passed by learned Judge, Motor Accident Claims Tribunal, Kota in claim case No. 408/2003.Appeal dismissed. *******