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2011 DIGILAW 964 (RAJ)

Oriental Insurance Co. Ltd. v. Nanakram

2011-05-09

MAHESH CHANDRA SHARMA

body2011
Hon'ble SHARMA, J.—This misc. appeal has been filed by the appellant against the award dated 24.7.2007 passed by learned Judge, Addl. District & Sessions Judge (Fast Track) No.1, Bundi (for short 'the learned Tribunal') in claim case No. 284/2005. 2. Brief facts of the case are that on 15.8.1994 the deceased Ramlal along with Tejmal was going in truck bearing No. RJ-14-G-0587. The truck driver was driving the truck rashly and negligently and hit the other truck bearing No. RJ-G-780 which was parked in the side of road resulting in both of them succumbed to injuries. 3. FIR was lodged regarding this incident. Thereafter, claimant respondents 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 has erred in holding that the company has failed to establish that the deceased was travelling as gratuitous passenger. The burden of proof lies on the claimant that he is not traveling as gratuitous passenger and in this regard any evidence has not been submitted. From the statement of AW5 Nanakram it is clear that this witness does not say anything in her evidence that the deceased was traveling in the capacity of goods owner. Therefore, the impugned award passed by the learned Claims Tribunal be quashed and set aside and the appellant Insurance Company be exonerated from its liability. 5. On the other hand learned counsel for the respondents claimants have seriously opposed the aforementioned submissions advanced by the learned counsel for the appellant and submits that the learned Claims Tribunal has passed the impugned award after properly appreciating the evidence submitted by both the parties. 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 confirming the award dated 24.7.2007 passed by learned Judge, Addl. District and Sessions Judge (Fast Track) No.1, Bundi in claim case No. 284/2005. 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 confirming the award dated 24.7.2007 passed by learned Judge, Addl. District and Sessions Judge (Fast Track) No.1, Bundi in claim case No. 284/2005. Since the main appeal has been dismissed, the stay application also stands dismissed.