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2012 DIGILAW 395 (RAJ)

National Insurance Co. Ltd. v. Abhishek Gupta

2012-02-09

MAHESH BHAGWATI

body2012
BHAGWATI, J.—Challenge in the instant appeal is to the judgment and award dated 17th October, 2011, whereby the learned Motor Accident Claims Tribunal, Jaipur, decreed an amount of Rs.32,393/- in favour of the respondent-claimant and against the appellant Insurance Company. 2. Learned counsel for the appellant canvassed that it is a case of composite negligence of two vehicles entailed in accident in question. Hence, 50% liability should be fastened on the Oriental Insurance Co. who insured the vehicle bearing registration No.RJ-14-6C-9149. Further, the appellant being aggrieved with this excessive amount of compensation has, in alternate, implored to reduce the amount of compensation to an apposite limit. 3. Having considered the submissions made by the learned counsel for the appellant and carefully perused the relevant material on record including the impugned award, it is noticed that one accident took place on 24th May, 2007, wherein three persons sitting in a Qualis Car died and five persons sustained simple and grievous injuries on their persons. The learned Tribunal having considered the income of the injured claimant, nature of injuries sustained during the accident, amount of money incurred on medical treatment, transportation, diet and trauma, passed an award to the tune of Rs.32,393/-. Albeit, the learned counsel for the appellant has filed this appeal but he has not opposed the quantum of compensation vigorously. Otherwise too, the amount of compensation awarded by the learned Tribunal does not seem to be abysmally high or excessive in the facts and circumstances of the case. The impugned award is found to be just and proper and I do not find any ground on record to interfere with the same. 4. In view of above, the appeal fails and the same being bereft of any merit stands dismissed in limine. 5. Consequent upon the dismissal of the appeal, the stay application does not survive and the same also stands dismissed.