Shriram General Insurnace ... vs Chuni Devi
2021 Latest Caselaw 7837 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1136/2020

Shriram General Insurnace Company Limited, E-8-Epip Ricco Industrial Area, Sitapur , Jaipur (Insurance Company)

----Appellant Versus

1. Smt. Chuni Devi W/o Bhagaram, Aged About 50 Years,

2. Khem Ram S/o Bhagaram, Aged About 32 Years, B/c Jat , R/o Chava , Tehsil Barmer , Hal Sadpamanji Bhatiyaan Ka Der , Tehsil Siddhari , Distt. Barmer

3. Jogaram S/o Khetaram, B/c Jat , R/o Sanada Kuwa, Beriwala Tala, Tehsil Barmer, Distt. Barmer (Driver And Owner Of Motorcycle Bearing No Rj04-Sk-2518)

----Respondents

For Appellant(s) : Mr. Vipul Singhvi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

19/03/2021

The present appeal has been preferred by the appellants

against the Judgment and Award dated 18.12.2019 passed by

Motor Accident Claims Tribunal, Balotra in M.A.C. Case No.

01/2018. The respondents/claimants preferred the claim-petition

on account of the death of Bhagaram in the accident which

occurred on 01.03.2017.

Learned Tribunal after framing the issues, evaluating the

evidence on record and hearing the counsel for the parties,

allowed the claim petition and has awarded a sum of Rs.

9,23,517/- in favour of the respondent/claimants.

(2 of 2) [CMA-1136/2020]

Learned counsel for the appellant - Insurance Company

submits that the Tribunal has not taken into consideration the

relevant evidence while deciding the issues. He further submits

that the Tribunal has awarded a huge sum to the

respondents/claimants and the same is required to the

considerably reduced. He further submits that the FIR of the

accident lodged after a period of 11 days and therefore, the same

appears to be afterthought for involving the offending vehicle in

the present case.

I have considered the submissions made at the Bar and gone

through the Judgment and Award dated 18.12.2019 as well as

other relevant record of the case.

On the pointed query raised, earned counsel for the

appellant could not point out any infirmity in the factors used by

the Tribunal for computing the award. Secondly, the delay of 11

days in lodging the FIR will not be fatal to the claim application

preferred by the respondents/claimants in the light of the

judgment of Hon'ble Supreme Court in the case of Ravi vs

Badrinarayan & Ors. AIR 2011 Sc 1226. The counsel also

could not point out the fact that the offending vehicle insured with

the appellant was not involved in the accident.

Thus, in view of the discussions made above, there is no

force in contentions raised. Therefore, the appeal is dismissed.

(VINIT KUMAR MATHUR),J

117-Payal/-

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