Rajasthan High Court
United India Insurance Company Ltd. ... vs Kailash Chand Sharma S/O Late Shri ... on 1 May, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:20268]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4898/2018
United India Insurance Company Ltd. Through Regional Manager,
Regional Office Sahara Chambers, Tonk Road, Jaipur (Raj.)
(Insurance Company Of Vehicle No. Rj 14-Gf-2575)
----Appellant
Versus
1. Kailash Chand Sharma S/o Late Shri Ramsahai Sharma,
Aged About 60 Years, By Caste Brahmin, R/o Plot No. 18,
Gangaram Nagar, Near Mangal Vihar, Gopalpura Bypass,
Police Station Shipra Path, Jaipur (Raj.)
2. Lakhan Singh S/o Shri Babulal, R/o Dhar Soni, Tehsil Vair,
District Bharatpur (Raj.) (Driver Of Vehicle No. Rj 14-Gf-
2575)
3. Bharat Singh S/o Shri Bajrang Singh, R/o House No. 17P,
Pali House, Ward Number City, Sawai Madhopur (Raj.)
(Owner Of Vehicle No. Rj 14-Gf-2575)
----Respondents
Connected With
S.B. Civil Miscellaneous Appeal No. 149/2019
Kailash Chand Sharma S/o Late Ram Sahay Sharma, Aged About
60 Years, B/c Brahmin R/o Plot No. 18 Ganga Ram Nagar Near
Mangal Vihar Gopalpura Bypass Police Station Shipra Path Jaipur
----Appellant
Versus
1. Lakhan Singh S/o Babu Lal, R/o Dhar Soni Tehsil Bair
District Bharatpur (Driver Truck No. Rj-14-Gf-2575)
2. Bharat Singh S/o Bajrang Singh, R/o House No. 17-P Pali
House Ward No. City Sawaimadhopur (Owner Truck No.
Rj-14-Gg-5628)
3. United India Insurance Company Limited, Having Its
Regional Office At Sahara Chambers Tonk Road Jaipur
Through Its Regional Manager (Insurer Truck No. Rj-14-
Gf-2575)
----Respondents
[2024:RJ-JP:20268] (2 of 4) [CMA-4898/2018]
For Appellant(s) : Mr. V P Mathur for Insurance
Company
For Respondent(s) : Mr. Vinay Mathur for Claimants
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 01/05/2024
The instant appeals have arisen out of the judgment and
award dated 30.08.2016 passed by the Special Judge Printing and
Stationery Embezzlement Cases Motor Accident Claims Tribunal,
Jaipur (for short 'the Tribunal') in Claim Case
No.410/2017(558/2016), whereby the Tribunal while partly
allowing the claim petition, has awarded a sum of Rs.2,71,456/-
along with interest @7.5 % per annum from the date of filing of
the claim petition as compensation in favour of the claimant-
appellant (for short 'the claimant').
Civil Miscellaneous Appeal No. 4898/2018 has been
filed by the Insurance Company challenging the judgment & award
passed by the Tribunal on the various grounds and Civil
Miscellaneous Appeal No. 149/2019 has been filed by the
claimant seeking enhancement of compensation awarded by the
Tribunal.
Civil Miscellaneous Appeal No. 4898/2018- Learned
counsel for the Insurance Company submits that the Tribunal
while passing the judgment and award dated 30.08.2016 had not
appreciated the material available on record and passed the award
contrary to the provisions of law. Learned counsel for the
Insurance Company further submits that the while deciding the
[2024:RJ-JP:20268] (3 of 4) [CMA-4898/2018]
issue No. 1 the Tribunal had not taken into the consideration the
averments made in the written statement and claimant had denied
the accident occurred by the insured vehicle. Learned counsel for
the Insurance Company also submitted that at the time of
accident alleged vehicle was carried LPG Cylinders which were
dangerous and hazardous in nature and highly inflammable but no
endorsement was mentioned in the Insurance Policy. So, it is a
clear cut violation of the Insurance Policy. So, the Insurance
Company was not responsible in paying the amount of
compensation. Learned counsel of the Insurance Company also
submits that the Tribunal has awarded compensation on a very
higher side. So, judgment and award of the Tribunal may be
modified accordingly.
Learned counsel for the claimant in Civil Miscellaneous
Appeal No. 149/2019 has opposed the arguments advanced by
learned counsel for the Insurance Company and submitted that
the Tribunal has committed an error in awarding amount of Rs.
1,15,456/- towards loss of income and awarded lump sum amount
of Rs. 1,30,000/- towards hospitalization, attendant, transport,
mental agony and physical pain, etc. Learned counsel for the
claimant further submits that the Tribunal had not considered
19.79% permanent disability suffered by the claimant. Learned
counsel for the claimant also submits that the Tribunal has not
awarded any amount towards loss of future. So, judgment and
award of the Tribunal be modified accordingly.
I have considered the arguments advanced by learned
counsel for the Insurance Company as well as learned counsel for
the claimant.
[2024:RJ-JP:20268] (4 of 4) [CMA-4898/2018]
It is an admitted position that the Tribunal had elaborately
discussed the issue No. 1 while deciding it against the Insurance
Company. It is also an admitted position that the alleged vehicle
was carrying empty gas cylinders and as per the circular dated
08.02.2013 issued by the Central Government no separate
certificate was required to be taken for carrying empty gas
cylinders under Explosive Substance Act 1884. So, in my
considered opinion, the Tribunal had not committed any error in
deciding the Issue No. 1 against the Insurance Company. It is also
an admitted position that the claimant was posted as LDC in
Animal Husbandry Department. Due to accident, no loss of future
income was caused to him, rather his income was increased in the
successive years. So, in my considered opinion, the Tribunal has
not committed any error in denying the loss of future income due
to 19.79% permanent disability suffered by the claimant. So, in
my considered opinion, finding of the Tribunal does not require
any interference. So, the present appeals being devoid of merits,
are liable to be dismissed, which stand dismissed accordingly.
Pending application(s), if any, stands dismissed.
(NARENDRA SINGH DHADDHA),J
Tahir/93-94
Powered by TCPDF (www.tcpdf.org)
