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United India Insurance Co. Ltd. Vs. Smt. Bana Devi and ors. - Court Judgment

SooperKanoon Citation
SubjectMotor Vehicles
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Writ Petition No. 2581 of 2003
Judge
Reported in2004ACJ1968; RLW2003(4)Raj2663; 2003(3)WLC357
ActsMotor Vehicles Act, 1988 - Sections 140
AppellantUnited India Insurance Co. Ltd.
RespondentSmt. Bana Devi and ors.
Advocates: Virendra Agrawal, Adv.
DispositionWrit petition dismissed
Excerpt:
- section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect -..........which was insured with the united india insurance co. ltd. the petitioner has challenged this interim award on the ground that the claim petition was filed by the deceased-thawar singh on account of injury which was suffered by him, but if he has died after a lapse of few months, it cannot be inferred that the death took place on account of the accident, which he had met with the vehicle.2. it is obvious from these facts that evidence will be required in the matter as to what was the exact cause of death of deceased thawar singh and if there is prima facie material which was before the tribunal that although initially he had suffered grievous injury and subsequently died on account of the complications created by the injury, it is difficult to ignore the obvious conclusion that he.....
Judgment:

Misra, J.

1. An interim award has been passed in favour of the respondents-claimants on account of death of one Thawar Singh who died in a road accident caused by the vehicle which was insured with the United India Insurance Co. Ltd. The petitioner has challenged this interim award on the ground that the claim petition was filed by the deceased-Thawar Singh on account of injury which was suffered by him, but if he has died after a lapse of few months, it cannot be inferred that the death took place on account of the accident, which he had met with the vehicle.

2. It is obvious from these facts that evidence will be required in the matter as to what was the exact cause of death of deceased Thawar Singh and if there is prima facie material which was before the Tribunal that although initially he had suffered grievous injury and subsequently died on account of the complications created by the injury, it is difficult to ignore the obvious conclusion that he died as a consequence of the injury suffered by him in the accident. In that event, if the Tribunal has awarded interim compensation to the dependents of the deceased, it is difficult to interfere with the same. It is also equally difficult to lose sight of the fact that the provisions for interim award has been incorporated under the Motor Vehicle Act as an interim measure of relief to the dependents of the deceased as a speedy remedy by cutting short the objections which are normally raised by the Insurance Companies and the owner of the vehicle and if the objections which have been raised in this writ petition by the Insurance Companies were to be entertained, the entire purpose of passing the interim award would be frustrated. The petitioner-Insurance Company will obviously be at liberty to contest the cause and nature of the accident as also the cause of death of the deceased and if after appreciation of evidence it is held that the death of deceased Thawar Singh did not take place on account of the injury sustained in the accident, but the cause of death was natural and not related to the injury, the Insurance Company can seek the relief from the Tribunal for refund of the amount from the claimants. As the position exists today, no prima facie case is made out that the deceased did not die as a consequence of the injury and hence the interim award is not fit to be interfered with. Consequently, this writ petition stands dismissed.


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